Allowed

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

Allahabad HC8 Dec 2023CRLR/4064/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal revision, setting aside orders of the Juvenile Justice Board and an appellate court for failure to properly consider provisions under the Juvenile Justice Act. The delinquent was directed to be released on bail with strict probation conditions.

What did the court decide?

The orders of the Juvenile Justice Board and appellate court were set aside. The delinquent was released on bail by executing a personal bond with two sureties, subject to conditions regarding contact

Juvenile - X Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:232654

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 4064 of 2023

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Revisionist :- Juvenile - X Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sukesh Kumar Counsel for Opposite Party :- G.A.,Raj Kumar Mishra,Sanjay Kumar Mishra

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Hon'ble Subhash Chandra Sharma,J.

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Rejoinder affidavit filed today by learned counsel for the revisionist 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 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 judgment and order dated 14.7.2023 passed by learned Special Judge (POCSO Act)/Additional Sessions Judge, Etawah in Criminal Appeal No. 65 of 2023 as well as order dated 27.6.2023 passed by Juvenile Justice Board, Etawah. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 63 of 2022, under Sections 304/34, 504, 506 IPC, Police Station Saifai, District Etawah.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 17 years, 4 months and 19 days at the time of alleged offence. As per allegation in the F.I.R. the revisionist and two other co-accused persons are said to have caused injury with lathi-dand and iron rod to the deceased regarding which an F.I.R. was lodged under Section 308 IPC but after his death case was converted under Section 304 IPC. Further submitted that co-accused Kailash Babu and Aste have already been enlarged on bail and the revisionist was never intended to cause such injury as was likely to cause death. Post mortem report shows that single injury on his head was found which also shows that there was no any intention or knowledge with the revisionist to cause his death. There is nothing on record to show the

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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 3.5.2022 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 prayer and urged that in this case, during investigation specific role was assigned to the present revisionist for causing injury on the head of the deceased and danda was also recovered at the instance of the revisionist. In this way, the role of the revisionist is different from that of co-accused who has already been enlarged on bail.

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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 27.6.2023 and the appellate court dated 14.7.2023 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 (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 :- 8.12.2023 A. Singh

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Digitally signed by :- ANURAG SINGH 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

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