Allowed

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

Allahabad HC20 Jul 2023CRLR/1854/2023

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision filed by a juvenile under Section 102 of the Juvenile Justice Act, 2015. The Court held that the lower courts failed to apply their judicial mind to Section 12, ignoring the minor's status. The impugned orders were set aside, and the juvenile was released on bail with specific conditions imposed on the parents.

What did the court decide?

Impugned orders set aside; Juvenile released on bail via father and two sureties under conditions of supervision and education.

Juvenile -X Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:144535

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1854 of 2023

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Revisionist :- Juvenile -X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pawankumar Dubey Counsel for Opposite Party :- G.A.,Jitendra Singh

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Hon'ble Subhash Chandra Sharma,J.

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Rejoinder affidavit filed by learned counsel for the revisionist today is taken on record.

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Heard Sri Pawankumar Dubey, learned counsel for the revisionist as well as Sri Jitendra Singh, learned counsel for the opposite party no.2 alongwith learned A.G.A. for the State and perused the material on record.

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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 03.03.2023 passed by Special Judge (POCSO)/Additional Sessions Judge/Juvenile Judge, Court No.8, Shahjahanpur in Criminal Appeal No.106 of 2022 (Juvenile X vs. State and another) as well as order dated 08.12.2022 passed by Juvenile Justice Board in Bail Application No.104 of 2022 filed in Case No.60 of 2022 arising out of Case Crime No.203 of 2022, under Sections 498A, 304B I.P.C. and u/s 3/4 Dowry Prohibition Act, Police Station Nigohi, District Shahjahanpur and also prays to release the revisionist/delinquent on bail in the aforesaid case.

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It is submitted that in this case the delinquent/applicant was aged about 17 years, 9 months, 20 days at the time of alleged incident. Further submitted that the deceased was a divorcee who was married to the present delinquent but on account of mutual dispute between husband and wife she committed suicide by consuming poison. It is also submitted that no any ante-mortem injury was found on the person of the deceased which suggest that no any ill-treatment was done against her by the husband or other members of his family. The report submitted by the D.P.O. is also not adverse for the present delinquent even though the juvenility of the delinquent was not

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considered either by the J.J. Board or by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the courts below while passing the aforesaid orders. The delinquent is in Juvenile Care Home since 28.07.2022 i.e. one year and his psychology is being affected adversely, therefore, requested to set aside the orders passed by the J.J. Board as well as appellate court and allow the present criminal revision as the orders passed by the courts below cannot be said to be in conformity with law.

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Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and urged that in this case against the order of juvenility passed by the learned J.J. Board an appeal was filed before the learned Session Judge which is still pending. It is further urged that after one month of the marriage the deceased committed suicide and in viscera report poison was found to be present which suggests that she committed suicide after being harassed by the delinquent himself in relation to demand of dowry, therefore, he cannot be said to innocent as a result this petition being devoid of merit is liable to be dismissed.

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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 District Probation Officer and the role of the present delinquent, 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 08.12.2022 and the appellate court dated 03.03.2023 are, hereby, set aside and the present criminal revision is hereby, allowed.

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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 :-

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(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

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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 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.

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(iii) Juvenile and the natural guardian/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 :- 20.7.2023 Ashok Gupta

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

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

Case brief

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

Case brief

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