- (1.) A. K. Roopanwal, J. The counter-affidavit filed today be kept on record.
(2.) HEARD learned Counsel for both the parties and perused the record. This revision is directed against the order dated 30-7-2007 passed by the Additional Sessions Judge/f. T. C. 1st Basti, whereby the application 11 Kha for declaring the revisionist as juvenile was rejected. It appears from the impugned order that in support of his juvenility the revisionist relied upon the educational records but to prove these records no official of the school was summoned nor the trial Court tried to procure such evidence. The trial Court by perusal of the certificate filed by the revisionist opined that he was not juvenile.
(3.) I feel that the enquiry as contemplated under Section 49 of the Juvenile Justice (Care and Protection of Children) Act, 2000 has not been done properly by the trial Court and the matter of juvenility has been decided in a summary manner. In such circumstances I feel it expedient to send the matter back to the Court concerned for a fresh decision. Accordingly the revision is allowed and the impugned order dated 30-7-2007 is set aside. The matter is sent back to the trial Court for a fresh decision as per law embodied in the aforesaid Act after affording opportunity of hearing to both the parties. Revision allowed. .;