X Juvenile Vs State of U.P. and Another

Neutral Citation No. - 2023:AHC:180433

Court No. - 80

Case :- CRIMINAL REVISION No. - 3709 of 2023

Revisionist :- X Juvenile Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Noor Muhammad Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Sri Ashok Kumar Upadhyay, learned counsel for the opposite party no.2 appeared and filed his vakalatnama which is taken on record.

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Heard learned counsel for the revisionist as well as 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 08.05.2023 passed by Juvenile Justice Board, Firozabad and other dated 01.07.2023 passed by Additional District & Session Judge/Additional Special Judge, POCSO Court No.1, Firozabad in Criminal Appeal No.75 of 2023 arising out of Case Crime No.141 of 2023 under Sections 420, 467, 468, 471 I.P.C. & Section 3/9 Public Examination Act, Police Station Shikohabad, District Firozabad 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 and was juvenile at the time of alleged incident. As per allegation in the F.I.R. elder brother of the delinquent was appearing in the examination on his place who was caught by the flying squad as a result present F.I.R. was lodged. Further submitted that the delinquent was not arrested form the spot and no any such forgery was committed by him but with false allegations this F.I.R. was lodged against him and his father without having any material on record. 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 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 02.03.2023 (i.e. more than 6 months) 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 no.2 as well as 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 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, that he was not arreted from the spot and the period present delinquent remained in child care home, 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 08.05.2023 and the appellate court dated 01.07.2023 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 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 :- 19.9.2023 Ashok Gupta

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

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

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

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