R.R. Prasad, J. - (1.) Heard the parties.
(2.) Learned counsel appearing for the petitioner submits that this petitioner and other five accused persons were alleged to have assaulted the son of the informant and also caused firearm injury to him for which Koderma (Telaiya) P.S. Case No.37 of 2001 was registered on 26.01.2001 under Sections 324/307/120B/34 of the Indian Penal Code as well as under Section 27 of the Arms Act against them. After the death of the injured, the case was also registered under Section 302 of the Indian Penal Code. The petitioner within four days of the occurrence did surrender before the learned SDJM, Koderma and raised an issue that the petitioner is a juvenile.
(3.) Thereupon, learned SDJM, Koderma passed an order for medical examination of the petitioner by a Medical Board. On examination, the Medical Board did find the age of the petitioner in between 20 to 21 years as on 18.05.2002 that is to say after more than one year and five months. The Learned SDJM, Koderma upon consideration of the said report, rejected the plea of the petitioner that the petitioner on the date of the occurrence was a juvenile. That order was challenged before this Court and this Court, finding the order being without jurisdiction, under which the learned SDJM, Koderma had refused to declare the petitioner as Juvenile, remanded the case of the petitioner to the Court of ACJM for holding inquiry for determination of the age of the petitioner in accordance with law.;