Allowed

X Juvenile v. State of U.P. and 3 Others

Allahabad HC5 Jul 2023CRLR/1269/2023

Case brief

AI extract

What is this about?

The Court set aside the judgment and order of the Juvenile Justice Board and the Special Additional District & Sessions Judge for passing orders without considering relevant provisions under Section 12 of the Juvenile Justice Act. The revision was allowed and the juvenile delinquent was directed to be released on bail. A. Singh

What did the court decide?

Impugned orders set aside; revisionist (father) directed to execute personal bond and produce two sureties for release of juvenile on bail.

X Juvenile Vs State of U.P. and 3 Others — Child Custody and Guardianship | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:131961

¶2

Court No. - 80

¶3

Case :- CRIMINAL REVISION No. - 1269 of 2023

¶4

Revisionist :- X Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Asheesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Saurabh Kumar

¶5

Hon'ble Subhash Chandra Sharma,J.

¶6

Heard learned counsel for revisionist, learned counsel for opposite party no. 2 as well as learned A.G.A. for State and perused the 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 judgment and order dated 19.12.2022 passed by learned Special Additional District & Sessions Judge (POCSO Act), Muzaffar Nagar in Criminal Appeal No. 83 of 2022 as well as order dated 30.09.2022 passed by Juvenile Justice Board, Muzaffar Nagar. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case No. 79 of 2021 arising out of Case Crime No. 311 of 2021, under Sections 376-D, 506 IPC & Section 5/6 POCSO Act and Section 67-A I.T. Act, Police Station Bhopa, District Muzaffar Nagar.

¶8

It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile at the time of alleged offence. Allegation for committing rape was made against present delinquent and other co-accused Ashish who was major. Video was also said to be prepared by the co-accused and delinquent and made viral. D.N.A. report does not support the prosecution version. Further submitted that co-accused who was major has been enlarged on regular bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 27188 of 2022 vide order dated 31.1.2023. In this way, there is nothing on record to show the complicity of present delinquent. There is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 19.09.2021 and his psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision.

¶9

Learned counsel for opposite party no. 2 as well as A.G.A. opposed the aforesaid prayer.

¶10

Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the orders 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.

¶11

Accordingly, the orders passed by Juvenile Justice Board dated 30.09.2022 and the appellate court dated 19.12.2022 are, hereby, set aside and present Criminal Revision is hereby, allowed .

¶12

It is directed that delinquent/applicant be released on bail on executing personal 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:-

¶13

(i) The revisionist/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.

¶14

(ii) The revisionist/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.

¶15

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

¶16

(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.

¶17

Order Date :- 5.7.2023 A. Singh

¶18

Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

X Juvenile v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

X Juvenile v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Juvenile X 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

Sarwan @ Shrawan Kumar Gupta Vs State of U.P. and 2 Others

Ramkishor Vs State of U.P.and 3 Others

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