Allowed

X- Juvenile v. State of U.P. and 3 Others

Allahabad HC9 Oct 2023CRLR/5412/2022

Case brief

AI extract

What is this about?

Held that lower courts erred by failing to properly consider s. 12 JJ Act material; Criminal Revision allowed; minor child released on bail with undertaking from mother and Probation Officer supervision.

What did the court decide?

Orders of JJ Board & appellate court set aside; delinquent released on bail with sureties; conditions of undertaking and reporting to Probation Officer imposed.

X- Juvenile Vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2023)

¶1

Court No. - 80

¶2

Case :- CRIMINAL REVISION No. - 5412 of 2022

¶3

Revisionist :- X- Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Arvind Kumar Mishra Counsel for Opposite Party :- G.A.,Lalji Yadav,Yashpal Yadav

¶4

Hon'ble Subhash Chandra Sharma,J.

¶5

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

¶6

Heard learned counsel for both the parties as well as learned A.G.A for the State and perused the record.

¶7

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 21.10.2022 passed by learned Additional District and Special Sessions Judge (POSCO Act), Gorakhpur in Crl. Appeal No.140 of 2022 as well as order dated 21.9.2022 passed by Juvenile Justice Board, Gorakhpur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 157 of 2022, under Sections 376, 323, 506, 507 IPC and 3/4 POCSO Act, Police Station Badahalganj, District Gorakhpur.

¶8

It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 17 years at the time of alleged incident and is languishing in Child Care Home since 26.5.2022. As per version made in the F.I.R the victim was aged about 17 years and was in relation with the revisionist one year prior to the alleged incident. There was promise between both of them to marry and live together and when he denied to marry with her, then the present F.I.R was lodged with false allegation of breach of promise to marry with the victim and to establish the physical relations. The statement of victim was also recorded under section 164 Cr.P.C before the learned Magistrate in which the statement regarding the previous relations between both of them was disclosed by her. During medical examination no any internal or external injury was found on her person to suggest any

¶9

force or violence used by the delinquent. In this way she was willing and consensual. It is also submitted that 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. The delinquent is in Juvenile Care Home since 26.5.2022 and 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.

¶10

Learned A.G.A as well as learned counsel for opposite party vehemently opposed the prayer as aforesaid.

¶11

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.

¶12

Accordingly, the orders passed by Principal Magistrate, Juvenile Justice Board dated 21.9.2022 and the appellate court dated 21.10.2022 are, hereby, set aside and present Criminal Revision is hereby, allowed .

¶13

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:-

¶14

(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.

¶15

(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.

¶16

(iii) Juvenile and the revisionist/mother will report to the Probation Officer on the first Monday of every calendar month.

¶17

(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

¶18

Order Date :- 9.10.2023 G.S

¶19

Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad

X- Juvenile v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

X- Juvenile v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Zeba Maqshud Anshari Vs State of U.P. and 6 Others

Anvar @ Javed @ Kallu Vs State of U.P. and Another

X-Juvenile Vs State of U.P. and 3 Others

Pawan Vs State of U.P. and Another

X Vs State of U.P. and Another

X Vs State of U.P. and Another