Mahavir @ Avnish vs The State Of Madhya Pradesh on 7 April, 2026

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    Supreme Court – Daily Orders

    Mahavir @ Avnish vs The State Of Madhya Pradesh on 7 April, 2026

    Author: Prashant Kumar Mishra

    Bench: Prashant Kumar Mishra

                             ITEM NO.24            COURT NO.16              SECTION II-E
    
                                      S U P R E M E C O U R T O F I N D I A
                                               RECORD OF PROCEEDINGS
    
                             Petition(s) for    Special       Leave    to   Appeal   (Crl.)
                             No(s).5654/2026
    
                             [Arising out of impugned final judgment and order
                             dated 23-02-2026 in MCRC No.24675/2018 passed by
                             the High Court of Madhya Pradesh at Gwalior]
    
                             MAHAVIR @ AVNISH                               Petitioner(s)
    
                                                              VERSUS
    
                             THE STATE OF MADHYA PRADESH                    Respondent(s)
    
                             FOR ADMISSION
                             IA No. 96682/2026 - EXEMPTION FROM FILING O.T.
    
                             Date : 07-04-2026 This matter was called on for
                             hearing today.
    
                             CORAM : HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
                                     HON'BLE MR. JUSTICE N.V. ANJARIA
    
                             For Petitioner(s) : M/S. Prashant Shukla Law
                                                 Chambers, AOR
    
                             For Respondent(s) : Mr. Surjeet Singh, Adv.
                                            Mr. Yashraj Singh Bundela, Adv.
    
                                  UPON hearing the counsel the Court made the
                             following
                                                  O R D E R
    

    1. Vide judgment dated 21.12.2005 passed by the

    Second Additional Sessions Judge, Morena in
    Signature Not Verified

    SPONSORED

    Digitally signed by
    NEHA GUPTA
    Date: 2026.04.07

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    17:54:00 IST
    Reason:

    Sessions Case No.129/2005, the petitioner was

    convicted for committing offence under Section 201

    of the Indian Penal Code, 1860 (“IPC”) while

    acquitting him of the charges under Section 302/34

    of the IPC with regard to murder of Bhuri and

    Guddi as also for the charges under Section 304B

    of the IPC. The said judgment was affirmed by the

    High Court and, thereafter, the Special Leave

    Petition preferred by the petitioner bearing SLP

    (Crl) No.4286/2018 was dismissed as withdrawn.

    2. After the dismissal of the SLP, petitioner

    moved the High Court under Section 482 of the

    Criminal Procedure Code, 1973 seeking recall of

    the judgment dated 17.03.2017, in which his appeal

    was dismissed by the High Court, on the ground

    that on the date of offence, petitioner was a

    juvenile. The High Court directed an inquiry by

    the Juvenile Justice Board to ascertain the

    petitioner’s claim about his juvenility. The

    Juvenile Justice Board, in its report dated

    11.05.2019 recorded a finding after inquiry that

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    petitioner’s date of birth is 01.07.1987.

    Therefore, as on the date of occurrence, i.e.,

    13.09.2004, he was aged about 17 years 2 months

    and 12 days and thus, he was a juvenile on the

    date of offence. Despite this report, the High

    Court has rejected petitioner’s prayer on the

    ground that the Special Leave Petition having

    already been dismissed, the High Court has no

    jurisdiction to reopen the matter.

    3. Having considered the submissions made by the

    learned counsel for the petitioner and on perusal

    of records as also on the basis of judgments

    rendered by this Court in the cases of Abuzar

    Hossain Alias Gulam Hossain Vs. State of West

    Bengal, reported in (2012) 10 SCC 489 and State of

    Madhya Pradesh Vs. Ramji Lal and Anr., reported in

    (2025) 5 SCC 697, we are inclined to entertain

    this petition.

    4. Issue notice to the respondent, returnable

    within six weeks.

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    5. Mr. Surjeet Singh, learned counsel appears

    for the respondent – State of Madhya Pradesh and

    accepts notice. Let counter-affidavit be filed

    within four weeks from today.

    6. In the meanwhile, petitioner shall be

    released on bail on such terms and conditions as

    may be imposed by the trial court.

      (NEHA GUPTA)                       (CHETNA BALOONI)
    COURT MASTER (SH)                   COURT MASTER (NSH)
    
    
    
    
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