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Sanjeev Kumar Gupta v. State of Uttar Pradesh and Another

The High Court in coming to the conclusion that the second respondent was A juvenile on the date of incident has relied on the Secondary School Examination Certificate issued by the Central Board of Secondary Education, Delhi for the Session 2011-2013.

(D.Y. Chandrachud and Hemant Gupta, JJ.)

Sanjeev Kumar Gupta ________________________________ Petitioner;

v.

State of Uttar Pradesh and Another __________________ Respondent(s).

Petition(s) for Special Leave to Appeal (Crl.) No(s). 156/2019, decided on April 16, 2019

The Order of the court was delivered by


Order

1. The High Court in coming to the conclusion that the second respondent was A juvenile on the date of incident has relied on the Secondary School Examination Certificate issued by the Central Board of Secondary Education, Delhi for the Session 2011-2013. The details of the candidate are recorded below for convenience of reference:
















Roll No.


:


5156848


Date of Birth


:


17/12/1998 17TH DECEMBER NENETEEN HUNDRED NINETY EIGHT


School


:


54168-MAA ANJANI PUB SCHOOL SHIKOHABAD FIROZABAD UP


2. In order to enable the Court to determine the genuineness of the said certificate, we consider it appropriate to issue notice to the Central Board of Secondary Education, Delhi to assist the Court by producing all necessary records pertaining to the aforesaid candidate and certificate and indicate the basis on which date of birth has been recorded in the said certificate.

3. The Registry while forwarding a copy of this order to the Central Board of Secondary Education, Delhi shall also enclose the photocopy of the certificate which is appended as Annexure CA-1 (Page 99 of the paper book) to the counter affidavit filed by the second respondent, which also bears the name of the candidate in whose name it is purportedly issued.

4. List the matter on 06.05.2019.

5. The Central Board of Secondary Education, Delhi is requested to make due arrangements for nominating a counsel to appear before this Court and to file an affidavit.

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