Allowed

Juvenile X v. State of U.P. and Another

Allahabad HC4 Jul 2023CRLR/1095/2023

Case brief

AI extract

What is this about?

High Court inclined criminal revision filed to set aside JJB and appellate court orders ignoring Section 12 J.J. Act provisions. Court held orders passed without applying judicial mind, set aside impugned decisions, and granted bail with conditions to natural guardian and Probation Officer.

What did the court decide?

Set aside orders passed by JJB and Appellate Court; ordered release of juvenile on bail with conditions including parent's bond, study undertaking, and Probation Officer supervision.

Juvenile X Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:130963

¶2

Court No. - 80

¶3

Case :- CRIMINAL REVISION No. - 1095 of 2023

¶4

Revisionist :- Juvenile X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Gauri Shankar Yadav,Shiv Kumar Kesari Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Chandra Sharma,J.

¶6

Heard Sri Gauri Shankar Yadav, learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record.

¶7

The present criminal revision has been preferred by the revisionist through his father under Section 102 of the Juvenile Justice (Care and Protection) Act-2015 (hereinafter referred to as "J.J. Act,2015) to allow the present revision and set aside the impugned judgment and order dated 30.01.2023 passed by learned Additional Sessions Judge/Additional Special Judge (POCSO Act) Allahabad (Prayagraj) in Criminal Appeal No.213 of 2023 (S.K.S. vs. State of U.P.) arising out of Case Crime No.308 of 2021, under Sections 302/34 I.P.C., Police Station Puramufti, Disrict Prayagraj as well as to set aside the judgment and order dated 02.11.2022 passed by Juvenile Justice Board, Khuldabad, Prayagraj.

¶8

It is submitted that in this case F.I.R. was lodged against the unknown persons and during investigation the name of the present delinquent was brought into light with other co-accused persons those have been granted regular bail by coordinate Benches of this Court after considering the material collected during investigation by the police. It is further submitted that present delinquent was aged about 16 years, 8 months and 18 days and was juvenile at the time of alleged incident. It is also submitted that there is no any material on record against the present delinquent to show his complicity in the commission of offence. No any specific role has been assigned to the present delinquent even though the Juvenile Justice Board as well as the appellate court did not consider the material on record and also the provisions as contained u/s 12 of the aforesaid Act but passed the order while ignoring the relevant provisions of law. The delinquent is in Juvenile Care Home since 19.09.2021 and his psychology is being affected adversely, therefore, requested to set aside order passed by the J.J. Board as well as appellate court and allow the criminal revision.

¶9

Learned A.G.A. opposed the prayer as aforesaid.

¶10

Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer and the fact that other co-accused persons have already been enlarged on bail and the role of the present delinquent, it appears that

¶11

Juvenile Justice Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the order without applying their judicial mind. In this way, there appears ground in this revision and the orders passed by the Juvenile Justice Board as well as learned appellate court are liable to be set aside.

¶12

Accordingly, the orders passed by Juvenile Justice Board dated 02.11.2022 and the appellate court dated 30.01.2023 are, hereby, set aside and the present criminal revision is hereby, allowed .

¶13

It is directed that delinquent/applicant be released on bail in the aforesaid case on executing person bond by the revisionist (father of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions :-

¶14

(i) The natural guardian/father will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the father will ensure that the juvenile will not repeat the offence.

¶15

(ii) The natural guardian/father will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.

¶16

(iii) Juvenile and the natural guardian/father will report to the Probation Officer on the first Monday of every calendar month.

¶17

(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board concerned on such a periodical basis as the Juvenile Justice Board may determine.

¶18

Order Date :- 4.7.2023 Ashok Gupta

¶19

Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

Juvenile X v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Juvenile X v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

Similar cases

X- Juvenile Vs State of U.P. and Another

Musheer Ahmad and 3 Others Vs State of U.P. and 3 Others

X Minor Vs State of U.P. and Another

X Vs State of U.P. and Another

X- Minor Vs State of U.P. and 3 Others

Nawab Vs State of U.P. and 3 Others