B.K.NARAYANA,J. - (1.) HEARD the learned Counsel for the Revisionist, the learned A.G.A. and perused the materials on record.
(2.) THIS application under section 482 of the Code of Criminal Procedure (in short the Code) has been brought for quashing the order dated 5.6.2009 passed by the Additional Civil Judge' (JD.) Court No. 6, Varanasi in case No. 78 of 2009, State v. Rajat Patel and judgment whereby the ap­plication moved by the revisionist Sri Rajat Patel to be declared Juvenile in conflict with law was rejected without adopting the procedure as contemplated under sections 49 and 54 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (the Act) which came into force on 1.4.2001 and or­der dated 6.8.2009 passed by Additional Sessions Judge, Court No. 6, Varanasi in criminal appeal No. 139 of 2009, Rajat Patel v. State. The incident is said to have taken place on 30.4.2009 and so the provisions of the Act shall be applicable in the present case. There is provision under section 54 of the Act that "a competent authority white holding any inquiry under any of the pro­visions of this Act, shall follow such proce­dure as may be prescribed and subject thereto, shall follow as far as may be the procedure laid down in the Code of Crimi­nal Procedure, 1973 (2 of the 1974) for trials in summons cases. The learned Civil Judge proceeded to make the determination of the age in view of the powers conferred to him under section 6(1) of the Act. From the pe­rusal of the impugned order of the learned Civil Judge it appears that he took into consideration Medical Certificate issued by the Medical Board constituted by the C.M.O. only with regard to the age of the revisionist and did not permit the revision­ist to lead any evidence in support of his claim. Since the evidence is required to be taken on record by adopting the pro­cedure of the summons case and the procedure prescribed was not followed and so in the absence thereof the impugned orders dated 5.6.2009, 6.8.2009 are not sustainable. In the result the impugned orders are set aside with the direction that the learned Civil Judge (Junior Division), Varanasi will decide the application for the determina­tion of the age of the accused keeping in view the procedure as contemplated under section 54 of the Act and the Rules framed there under.
(3.) APPLICATION is accordingly al­lowed. Application Allowed.;