Allowed

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

Allahabad HC10 Aug 2023CRLR/1662/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision filed by a juvenile's father against orders of the Juvenile Justice Board and additional sessions judge. The revision was set aside for non-application of judicial mind to statutory provisions.

What did the court decide?

Orders of J.J. Board dated 2.12.2022 and appellate court dated 17.2.2023 set aside; delinquent released on bail by filing personal bond and undertaking conditions with two sureties.

X- Juvenile Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:162207

¶2

Court No. - 80

¶3

Case :- CRIMINAL REVISION No. - 1662 of 2023

¶4

Revisionist :- X- Juvenile Opposite Party :- State of U.P. and Another Counsel for Revisionist :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.,Kumar Beenu Singh

¶5

Hon'ble Subhash Chandra Sharma,J.

¶6

Supplementary affidavit filed today is taken on record.

¶7

List revised. None appeared on behalf opposite party no.2.

¶8

Heard learned counsel for revisionist, learned A.G.A. for State and perused the record.

¶9

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 17.2.2023 passed by learned Additional District & Sessions Judge (POCSO Act), Court No. 2 Aligarh in Criminal Appeal No. 167 of 2022 as well as order dated 2.12.2022 passed by Juvenile Justice Board, Aligarh. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 228 of 2020, under Sections 364-A, 302, 201, 34 IPC, Police Station Bannadevi, District Aligarh.

¶10

It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 16 years, 4 months and 8 days at the time of alleged offence. The delinquent was not named in the F.I.R. but during investigation his name was brought into light on the basis of confessional statement made by coaccused. Further submitted that nothing was recovered from the possession or at the instance of the present delinquent except Gamchha said to be recovered from the bush at the instance of present delinquent which was planted by the police. It is also submitted that 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 18.5.2020 i.e. more than three years 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.

¶11

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

¶12

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 period of delinquent remained in jail, 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.

¶13

Accordingly, the orders passed by Juvenile Justice Board dated 2.12.2022 and the appellate court dated 17.2.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed .

¶14

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:-

¶15

(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.

¶16

(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.

¶17

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

¶18

(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.

¶19

Order Date :- 10.8.2023 A. Singh

¶20

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

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

Case brief

What is this about?

What did the court decide?

X- Juvenile 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

Parties & counsel

Coram

Case details

Similar cases

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

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

Bindpal Singh and Another Vs State of U P and 8 Others

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

X (Juvenile) Vs State of U.P. and Another

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