The court also maintained that the trial of the accused can go on, subject to the decision on the petition.
Justice Vishnu Chandra Gupta passed the order on a criminal revision petition, filed by Gaurav Shukla, the main accused of the case, challenging the order of Sessions court.
He earlier claimed to be a juvenile at the time of incident, but on March 11,2015, the sessions court had declared him major and fixed March 27 for framing of charge.
After a 10-year-long legal battle, Additional District Judge Rajendra Singh had on March 11 termed the accused Gaurav Shukla as a major at the time when the 13-year-old girl was gangraped by six persons in Ashiana locality here.
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The court was of the opinion that March 14, 1987 was the original date of birth of the main accused, who is nephew of a former SP MLA.
The juvenile justice board had on March 21, 2014 also termed the main accused as a major against which he appealed in the sessions court saying that he was minor.