Allowed

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

Allahabad HC25 Jul 2023CRLR/3231/2023

Case brief

AI extract

What is this about?

In this criminal revision, the Allahabad High Court set aside the orders of the Juvenile Justice Board and appellate court. The court held they failed to properly consider Section 12 of the Juvenile Justice Act, 2015, and the District Probation Officer's report, passing orders without applying judicial mind. The revision was allowed.

What did the court decide?

Impugned orders of Juvenile Justice Board and appellate court set aside. Revision allowed. Delinquent released on bail with conditions.

X- Minor Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:147560

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 3231 of 2023

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Revisionist :- X- Minor Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.,Neelabh Srivastava

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Hon'ble Subhash Chandra Sharma,J.

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Counter affidavit filed today by learned counsel for opposite party no. 2 is taken on record.

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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.

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The present criminal revision has been preferred by the revisionist through his mother 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 05.04.2023 passed by learned Special Judge (POCSO Act)/Additional Sessions Judge, Court No. Shahjahanpur in Criminal Appeal No. 19 of 2023 as well as order dated 4.3.2023 passed by Juvenile Justice Board, Shahjahanpur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 567 of 2022, under Sections 323, 325, 504, 506, 302, 307, 34 IPC, Police Station Nigohi, District Shahjahanpur.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 14 years, 10 months and 21 days at the time of alleged offence. Further submitted that co-accused Harish shot fire with licensee riffle to the deceased but no any specific role was assigned to the present delinquent. No any weapon has been said to be taken by him in the F.I.R. and during investigation no such statement was given by any of the injured. The role of present delinquent is different from other co-accused persons. 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 10.12.2022 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.

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

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prayer and urged that in this case, the present delinquent was also acting in furtherance of common intention with all other co-accused persons though except the fact that no specific role was assigned to the present delinquent.

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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.

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Accordingly, the orders passed by Juvenile Justice Board dated 4.3.2023 and the appellate court dated 05.04.2023 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 personal 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 :- 25.7.2023 A. Singh

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Digitally signed by :- ANURAG SINGH 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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