- (1.) THIS revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure is directed against the order No. 40 dated 25. 7. 2007 passed by the learned Additional District and sessions Judge, Raiganj in connection with Sessions Case No. 24 of 2004 (ST. No. 14 of 2004 ).
(2.) LEARNED Court below rejected the application filed by the petitioner herein on the ground that he is a Juvenile in conflict with law.
(3.) LEARNED Advocate for the petitioner referred to. Section 7 (A) of juvenile Justice (Care and Protection of Children)Amendment Act, 2006 and submitted that the learned Court below misdirected himself to reject the application only on the ground of alleged delay in filing the application by the petitioner. It may be pointed out in this context that whenever plea is raised by a person facing trial before the Court of law that he is a juvenile within the meaning of the Act, then it is the duty of the Court to decide the point on merit by passing a speaking order. On consideration of evidence whether the petitioner is a juvenile within the meaning of the Act or not without doing that, if any order is passed rejecting the prayer on grounds that such application Is filed belatedly, the learned Court below be committing an act of illegality in passing such order.;