Disposed

W (Minor) and 03 Others v. State of U.P. and 3 Others

Allahabad HC12 Jul 2024A482/18123/2024

Case brief

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Applicants facing summons under Sections 377, 511 IPC and POCSO Act claimed juvenility. Court disposed of the Section 482 application directing them to file an application before the trial court with proof of age; the matter is to be referred to the Juvenile Justice Board for age determination, with no coercive steps in the interim.

What the court decided

AI extract

W (Minor) and 03 Others vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:145392

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HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl No.10)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 18123 of 2024

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Applicant :- W (Minor) And 03 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ankur Varshney,Kuldeep Singh Tomar Counsel for Opposite Party :- Atul Kumar,G.A.

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Hon'ble Anish Kumar Gupta,J.

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1. Heard Sri Kuldeep Singh Tomar, learned counsel for the applicants, Sri Atul Kumar, learned counsel for the opposite party no.2 and Sri Rajeev Kumar Singh, learned A.G.A. for the State.

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2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 21.03.2024 in Complaint Case No. 21/9 of 2023 (Aas Mohammad vs. Lalla and Others) u/S 377 I.P.C. and 3/4 of the Protection of Children from Sexual Offences Act, 2012 (in short, 'the POCSO Act' ) against applicants no. 1, 2 & 3 and 377/511 I.P.C. & 7/8 of the POCSO Act, against the applicant no.4, P.S.- Shahpur, District- Muzaffarnagar, pending in the court of learned Special Additional District & Sessions Judge (POCSO) Act, Muzaffarnagar.

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3. Learned counsel for the applicants submits that the applicant herein are the minor children and the offence against them, which has been alleged, is covered under Section 377 I.P.C. and 3/4 of the POCSO Act. Initially, an F.I.R. being Case Crime No. 365 of 2022 was lodged by the father of the victim concerned. After due investigation the final report was submitted by the Investigation Agency holding therein that all the applicants herein are the juveniles, who are aged between 10 to 13 years. Subsequent thereto, the said final report was protested by the opposite party no.2, which was treated as the complainant case by the trial court and after recording the statements under Sections 200 and 202 Cr.P.C, the learned trial court has found a prima facie case and has summoned the applicants herein.

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4. Learned counsel for the applicants further submits that in view of Section 3/4 of the POCSO Act, if the accused for the offence under the provisions of POCSO Act are found to be a child, the matter is required to be dealt with in accordance with the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short, 'the Juvenile Justice Act' ). Therefore, learned counsel for the applicants submits that since the applicants herein are juveniles, they cannot be proceeded in the regular course in the matter and has to be referred to the Juvenile Justice Board to be dealt with in accordance with law.

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5. Per Contra , learned counsel for the opposite party no.2 submits that the issue of juvenility is required to be pleaded and proved in accordance with the provisions of Juvenile Justice Act and only then the benefit of the Juvenile Justice Act can be granted to the applicants herein, for which the applicants are required to appear before the trial court and plead their juvenility.

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6. In view thereof, the instant the application is disposed of with a direction to the applicants herein to move an appropriate application within four weeks, claiming the juvenility alongwith the relevant documents. On such application being filed by the applicants herein, the trial court shall refer the matter to the Juvenile Justice Board in accordance with the provision of Juvenile Justice Act, for determination of age of the applicants herein, thereupon, the matter shall be proceeded in accordance with the report of the Juvenile Justice Board.

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7. Till the determination with regard to the juvenility of the applicants is done, no coercive steps shall be taken against them.

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Order Date :- 6.9.2024 Shubham Arya

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(Anish Kumar Gupta, J.)

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Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

W (Minor) and 03 Others v. State of U.P. and 3 Others

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W (Minor) and 03 Others v. State of U.P. and 3 Others

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