MUBEEN HUSAIN Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has preferred the present petition under Section 482 of the Cr.P.C. against the order dated 23.10.2009 passed by 2nd Additional Sessions Judge, Gwalior in Criminal Revision No. 329/2009, whereby the revision filed by the applicant was dismissed and order dated 25.08.2009 passed by the JMFC, Gwalior in Criminal Case No. 3458/2009 was confirmed, in which it was found that the applicant was above 18 years of age at the time of incident and, therefore, he was not juvenile. The applicant has also challenged the order dated 25.08.2009 passed by the JMFC, Gwalior.

(2.) Facts of the case, in short, are that a criminal case was registered against the applicant along with other number of persons. A Crime No. 44/2009 was registered at Police Station Bahodapur for offence under Sections 302, 307 read with Section 149 of IPC and other crimes. After filing of the charge-sheet, an application was moved on behalf of the applicant alleging him to be a juvenile and, therefore, the JMFC, Gwalior after making complete enquiry, passed the order dated 25.08.2009 holding that the applicant Mubeen was above 18 years of age at the time of incident and, therefore, he was not a juvenile. Revision filed by the applicant was also dismissed.

(3.) I have heard the learned counsel for the parties at length.