Allowed

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

Allahabad HC25 Sept 2023CRLR/1948/2023

Case brief

AI extract

What is this about?

This revision set aside the impugned orders of the Juvenile Justice Board and the Special Sessions Judge noting they were passed without applying judicial mind by ignoring the Juvenile Justice Act. The minor delinquent was released on bail subject to probation officer supervision.

What did the court decide?

Orders of JJB dated 09.12.2022 and appellate court dated 14.02.2023 set aside; delinquent released on bail with conditions.

X Minor Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:185559

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 1948 of 2023

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Revisionist :- X Minor Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Saurabh Kumar,Dhirendra Kumar Agrahari,Hemant Sharma,Nishi Mehrotra

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Counsel for Opposite Party :- G.A.,Neelam Singh,Ram Janam Singh

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Hon'ble Subhash Chandra Sharma,J.

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Rejoinder affidavit filed on behalf of learned counsel for the revisionist is taken on record.

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Heard Sri Dhirendra Kumar Agrahari learned counsel for the revisionist, learned counsel for the opposite party 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 mother with a prayer to allow this revision and set aside the judgment and order dated 14.02.2023 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Bulandshahar in Criminal Appeal No. 257 of 2022 as well as order dated 09.12.2022 passed by Juvenile Justice Board, Bulandshahar. Further prayed to release the revisionist on bail in Case Crime No. 224 of 2022 under Section 302 I.P.C., Police Station Sayana, District Bulandshahar .

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 15 years at the time of alleged incident. It is further submitted that three persons named and unknown were named in the F.I.R. who have caused injuries to the deceased, as a result, he died but no specific role has been given to the present revisionist except general role of beating. It is further submitted that no any recovery was made either from the possession or at the instance of the present revisionist. It is also submitted that on account of previous rivalry he has been named in the present F.I.R. 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 12.07.2022 i.e. more than one year and his psychology is being affected adversely, therefore, requested to set aside orders passed by the

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J.J. Board as well as appellate court and allow the criminal revision.

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Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid. In this regard, the orders passed by the learned J.J. Board as well as learned appellate court cannot be said to be unlawful, therefore, he cannot be said to be entitled for bail and revision, 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 both the parties as well as learned A.G.A. for the State, 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 09.12.2022 and the appellate court dated 14.02.2023 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 ( mother 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/ mother 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 mother will ensure that the juvenile will not repeat the offence.

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(ii) The revisionist/ mother 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/ mother 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 :- 25.9.2023 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

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

Case brief

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