Nisha Gupta, J. - (1.) This Misc. Petition under Section 482 Cr.P.C has been filed against the order dated 12.7.2012 passed by the Special Judge, Dacoity Effected Area, Bharatpur in Criminal Appeal No. 11/2012, whereby order passed by Juvenile Justice Board dated 9.2.2012 the present petitioner has been declared juvenile was set aside.
(2.) The short facts of the case are that the petitioner is facing trial for the offence u/s 302 IPC and 3/181 and 134/187 of Motor Vehicles Act.
(3.) The petitioner moved an application to treat him as juvenile. The Juvenile Justice Board vide order dated 9.2.2012 has opined that the present petitioner is juvenile. The appeal has been preferred. The order of Juvenile Justice Board dated 9.2.2012 was set aside. It is also pertinent to note that earlier S.B.Criminal Misc. Petition No. 1567/2012, the court has remanded the matter to the lower appellate court to pass fresh order taking into consideration the ratio laid down by Hon'ble Supreme court in the case of Shah Nawaz v. State of Uttar Pradesh and another, 2011 (3) Criminal Court Cases 838 (S.C.) : 2011 (3) Apex Court Judgments 010 (S.C.) : 2011(13) SCC 751 .;