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Chandiram Kumhar vs. State of Rajasthan & Anr.

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Juvenile Justice (Care & Protection of Children) Act, 2015–Sec. 94, Clause (iii)–Applicability –Clause (iii) starts from the expression “and only in absence of (i) and (ii) above” leaves no room for ambiguity that Clause (iii) can be resorted to only in the absence of certificate mentioned in Clause (i) and (ii)–Court below rightly hold the respondent no. 3 juvenile on the basis of certificate issued by the Municipal Board–Plea of the petitioner that Clause (iii) ought to have been invoked is misconceived.