MAHESH CHANDRA SHARMA, J. - (1.) THIS criminal revision petition has been filed under Section 53 of Juvenile Justice (Care and Protection of Children) Act 2000 read with Section 482 Cr.P.C. for quashing the Order dated 19th May, 2005 in enquiry proceeding No. 41/2004 passed by the Special Judge (NDPS Cases), Kota in FIR No. 3/2003 by which he has directed that the action against the accused would be taken under the Juvenile Justice Act and directed the accused (respondent) to present before the Juvenile Court on 27th May, 2005.
(2.) THE brief facts of the case are that on 20th March, 2004 a complaint was lodged under Section 8 read with Section 18 -B and 29 of NDPS Act against the accused persons namely Ashok Kumar, Jaswant Singh, Deep Chand and Srichand by (Dharam Singh Meena) Inspector of the Assistant Commissioner, Narcotics, Kota before the Court below. It was further stated In the complaint that out of these persons accused respondent -Ashok Kumar is minor. Upon the said complaint, the learned Judge held an enquiry with regard to the age of the accused respondent -Ashok Kumar. The accused respondent in support of his case examined two witnesses AW -1 Bhan Singh, father, AW -2 Smt. Santosh, mother of the accused and also exhibited certain documents in his defence. Thereafter prosecution has also produced one witness CW -1 Dharam Singh Meena and documentary evidence as D -1 to D -3.
(3.) THE petitioner aggrieved with the order dated 19th May, 2005 passed by the Court below by which the matter of the accused respondent was referred to Juvenile Court and the accused respondent was directed to appear before the Court of Juvenile Justice on 27.5.2005, the petitioner has preferred instant revision petition before this Court.;