(V. Gopala Gowda and Adarsh Kumar Goel, JJ.)
Achche Lal _________________________________________ Petitioner
v.
State of Madhya Pradesh ____________________________ Respondent
(With appln. (s) for c/delay in filing SLP and exemption from filing c/c of the impugned judgment and exemption from filing O.T. and interim relief and office report)
Petition(s) for Special Leave to Appeal (Crl.) No(s). 4510/2015, decided on August 29, 2016
The Order of the court was delivered by
Order
1. Heard learned counsel for the parties.
2. Learned counsel for the petitioner has drawn our attention to the Certificate issued by the Office of District Education Officer, District Shivpuri, Madhya Pradesh, wherein the Date of Birth of the petitioner is shown as 4.03.1974. He further submits that the petitioner was a juvenile at the time of the occurrence i.e. on 6.03.1990.
3. Having regard to the plea taken by the petitioner that he was a juvenile at the time of the occurrence, it would be just and proper for this Court to refer the matter to the Additional Sessions Judge, Pichhore, District Shivpuri, Madhya Pradesh to examine the claim of the petitioner and confirm the date of birth of the petitioner under the provisions of Section 7A of the Juvenile Justice (Care & Protection of Children) Act read with Rule 12 of the Rules framed thereunder. He is directed to submit his report as expeditiously as possible, at any rate, within the outer limit of eight weeks from the date of receipt of a copy of this order.
4. Learned counsel for the parties are directed to appear before the Additional Sessions Judge, Pichhore, District Shivpuri, Madhya Pradesh on 19.09.2016. Parties are at liberty to adduce evidence in support of their claim and counter claim.
5. List the matter after eight weeks.
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