Allowed

X (Minor) v. State of U.P. and Another

Allahabad HC21 Jul 2023CRLR/1664/2022

Case brief

AI extract

What is this about?

This criminal revision petition, filed by a minor, challenged orders that set aside the earlier conviction. While the child was in a home for over a year, the Board and appellate court failed to consider the mandatory provisions of Section 12 of the Juvenile Justice Act and the Probation Officer's report. Without applying judicial mind to these material facts, the High Court allowed the revision.

What did the court decide?

The orders of the Board and appellate court set aside; the minor released on bail via personal bond and two sureties, subject to reporting and study conditions.

X (Minor) Vs State of U.P. and Another — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:146013

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1664 of 2022

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Revisionist :- X (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ashwani Kumar Sachan,Saurabh Sachan Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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The present criminal revision has been preferred by the revisionist through his father with a prayer to allow this revision and set aside the judgment and order dated 17.02.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Kanpur Nagar in Criminal Appeal No. 9 of 2022 as well as order dated 24.01.2022 passed by Juvenile Justice Board, Kanpur Nagar. Further prayed to release the revisionist on bail in Case Crime No. 188 of 2021 under Section 302 I.P.C. and 3(2)(5) SC/ST Act, Police Station Bithoor, District Kanpur Nagar.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years and 2 months at the time of alleged incident. It is further submitted that the delinquent was not named in F.I.R. which was lodged against unknown culprits. During investigation his name was brought into light with other co-accused persons. It is further submitted that co-accused persons Anurag Yadav Urf Anuj, Amit Sharma and Seema Yadav had already been granted regular bail by Co-ordinate Bench of this Court in criminal appeal No. 2151 of 2023 vide order dated 16.05.2023, 828 of 2022 vide order dated 28.04.2023 and 2565 of 2022 vide order dated 28.04.2023 respectively. No any specific role was assigned to the present delinquent but only on the basis of alleged recovery of Rs. 3100 which was shown by the police itself. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.

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It is further submitted that the provisions as contained u/s 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board even the report submitted by Probation Officer was also not considered. The appellate court has also not considered all these facts but rejected the appeal without applying its judicial mind and considering the law as contained u/s 12 of the aforesaid Act. He is in Child Care Home since 12.07.2021 and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision.

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

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Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist, perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the Probation Officer, it appears that 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 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.

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Accordingly, the orders passed by Juvenile Justice Board dated 24.01.2022 and the appellate court dated 17.02.2022 are, hereby, set aside and present criminal revision is hereby, allowed .

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

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(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.

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(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.

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

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(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.

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Order Date :- 21.7.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

X (Minor) v. State of U.P. and Another

Case brief

What is this about?

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X (Minor) v. State of U.P. and Another

Case brief

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What did the court decide?

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