Raj Mani Chauhan, J. - (1.) SUPPLEMENTARY -affidavit filed by the learned Counsel for the revisionist, is taken on record.
(2.) HEARD learned Counsel for the revisionist and learned A.G.A. for the State. This revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act') has been directed by the accused revisionist against the order dated 13.8.2009, passed by the learned Additional Sessions Judge (F.T.C. -II), Ambedkar Nagar in Sessions Trial No. 20 of 2009 (Crime No. 245 of 2008) State v. Dwarika, under Section 302/201, I.P.C., police station Mahrua, district Ambedkar Nagar whereby learned Additional Sessions Judge has rejected the application filed by the accused -revisionist to declare him juvenile.
(3.) IN this revision the only legal question involved for consideration is whether the learned Additional Sessions Judge could reject the application of the accused -revisionist to declare him juvenile without making any inquiry as required under the Act? This question can be decided at the admission stage without calling record from the trial Court.;