1 ITEM NO.3 COURT NO.7 SECTION X S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s). 37/2022
DAYA SHANKAR @ DAROGA Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)
IA No. 12459/2022 – EXEMPTION FROM FILING O.T.
IA No. 12462/2022 – GRANT OF BAIL)
Date : 02-01-2023 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE DINESH MAHESHWARI
HON’BLE MR. JUSTICE HRISHIKESH ROY
For Petitioner(s) Mr. Rishi Malhotra, AOR
For Respondent(s) Mr. Garvesh Kabra, AOR
Mr. Dhawal Uniyal, Adv.
Mr. Aman Pathak, Adv.
Mr. Ankit Tiwari, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The petitioner having been convicted for the offence punishable under Sections 302/34 of the
Indian Penal Code on 05.06.2006 and having been sentenced to imprisonment for life; his appeal to the High Court having been dismissed on 24.08.2009; and the petition for special leave to appeal having also been dismissed by this Court on 31.03.2010, has preferred this petition, essentially, on the assertions that he was born on 25.11.1977 as per 2 the Matriculation and other certificates, and the incident in question being of the year 10.10.1994, he was a juvenile at the relevant point of time. With reference to various orders passed by this Court in different petitions, it has been prayed that an enquiry on the claim of the juvenility of the petitioner may be directed to be made with consequential orders as per the result of the enquiry. We have been taken through various orders passed from time to time by this Court in such matters concerning claim of juvenility after conviction. In the totality of the circumstances of the case, we are of the view that the process as adopted in the order dated 22.10.2021 by this Court in Writ Petition (Crl.) No.382 of 2021, directing the Sessions Court concerned to verify the claim of the petitioner to juvenility in accordance with the law applicable and for passing the consequential orders by the Court concerned, deserves to be adopted. Accordingly, this petition is allowed to the extent and in the manner that the respondent-State get the claim of the petitioner to juvenility 3 verified by the Sessions Court concerned that has conducted the trial and delivered the judgment on 05.06.2006. The said Sessions Court is expected to decide the claim of the petitioner of juvenility at the earliest, preferably within a period of one month from the date of appearance of the parties. Needless to observe that in the event the petitioner is found to be juvenile as on the date of commission of offence, necessary steps should be taken for his release for, he is said to be have already undergone actual sentence of imprisonment for about 17 years.The parties through their respective counsel shall stand at notice to appear before the Court of Additional Sessions Judge/Special Court (EC Act), Jaunpur on 23.01.2023. Copies of this order be forwarded to the Court concerned and also to the Central Jail, Varanasi where the petitioner is said to be lodged at present. The writ petition and pending applications stand disposed of in the above terms.
(NEETU KHAJURIA)
ASTT. REGISTRAR-cum-PS (RANJANA SHAILEY)
COURT MASTER