(A.K. Sikri and R.K. Agrawal, JJ.)
Mukarrab etc. _____________________________________ Petitioner(s)
v.
State of U.P. ______________________________________ Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6753-6755/2014, decided on February 18, 2016
The Order of the court was delivered by
Order
1. We have started hearing the matter finally.
2. The main contention of the appellants in both cases is that they were minor on the date of incident and, therefore, they are entitled to the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000. On the applications filed by these appellants, this Court had directed the concerned Sessions Judge to conduct an inquiry and submit his report. As per report submitted by the Additional District and Sessions Judge, Court No. 8, Moradabad, both the appellants were major on the date of incident. From the report it transpires that various documents were produced by the parties of either side, records summoned from certain authorities and the witnesses were also examined/cross-examined. The appellants have filed objections to the said report.
3. In order to decide the matters conclusively, we find that the entire record which is kept by the learned Additional District and Sessions Judge, Court No. 8, Moradabad, who has conducted the aforesaid inquiry, needs to be perused. The learned Additional District and Sessions Judge, Court No. 8, Moradabad is, therefore, directed to transmit the original record to this Court forthwith.
4. The Registry shall immediately send a communication in this behalf to the concerned court.
5. List the matters on 09.03.2016 in the category of final disposal as part-heard.
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