X Juvenile Vs State of U.P.

Neutral Citation No. - 2023:AHC:149459

Court No. - 80

Case :- CRIMINAL REVISION No. - 5157 of 2022

Revisionist :- X Juvenile Opposite Party :- State of U.P. Counsel for Revisionist :- Shashank Maurya,Achyuta Nand Pandey,Anand Prakash Pandey,Panchu Ram Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the revisionist 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 father with a prayer to allow this revision and set aside the judgment and order dated 10.10.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Firozabad in Criminal Appeal No. 62 of 2022 arising out of Case Crime No. 117/2021 under Sections 8/20 The Narcotic Drugs & Psychotropic Substances Act, as well as order dated 09.09.2022 passed by Juvenile Justice Board, Firozabad, Police Station Pachokhara, District Firozabad.

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It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 15 years 6 months and 11 days. As per version in F.I.R. this delinquent was arrested by the police with other co-accused persons with joint recovery of 400 kg of ganja. It is further submitted that false recovery of ganja was shown from the joint possession including the present delinquent. No statutory provisions as contained under Section 50 of the N.D.P.S. were complied with by the police. It is further submitted that co-accused Devendra and Vinay Pratap Singh @ Vinnu have already been granted bail by Co-ordinate Bench of this Court. 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 13.07.2021 and his psychology is being affected adversely, therefore, requested to set aside orders passed by the J.J. Board as well as appellate court and allow the criminal revision.

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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. 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 09.09.2022 and the appellate court dated 10.10.2022 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 ( 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 :- 26.7.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

X Juvenile v. State of U.P.

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X Juvenile v. State of U.P.

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