Disposed¶10

X- Juvenile v. State of Up and 3 Others

Allahabad HC12 Feb 2026CRLA/1470/2024

Case brief

AI extract

What is this about?

Allahabad High Court; Criminal Appeal No. 1470 of 2024; X (Juvenile) v. State of U.P. and 3 Others; Ajay Bhanot, J.; adjournment order dated 28.03.2026; case listed for delivery of judgement on 30.03.2026; Paritosh Kumar Malviya AGA-I; Anoop Trivedi Additional Advocate General; Court No. 46; no statute cited; no precedent cited; no issue framed; no holding; no quantum; not citable on merits.

What did the court decide?

Matter adjourned for the day; case listed on 30.03.2026 for delivery of judgement and further argument if any. Appeal not decided on merits. ¶10

X- Juvenile vs State of Up and 3 Others — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1470 of 2024

X- Juvenile

.....Appellant(s)

Versus

State Of Up And 3 Others

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			.....Respondent(s)
Counsel for Appellant(s)	: Dharmendra Alam, Manu Venugopal Ba	Kumar Srivas jpai	Nirankari, Javed tava, Yashaswin
Counsel for Respondent(s)	: G.A., Nirbhay	Singh

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Court No. - 49

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HON'BLE AJAY BHANOT, J.

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Heard Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Paritosh Kumar Malviya, learned AGA-I for the State, Shri Yashaswin Venugopal Bajpai, learned counsel; Ms. Vishaka Pande Bajpai, learned counsel for the appellant.

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On 29.01.2026 the following order was passed:

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"Heard Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Paritosh Kumar Malviya, learned AGA-I for the State.

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The JJ Act, 2015 read with JJ Rules, 2016 vests the mandate of adjudicatory functions with the obligation of the restorative justice upon the courts. Restorative justice under JJ Act, 2015 read with JJ Rules, 2016 is primarily achieved through the process of R & R programme/individual child care plan. Post release R & R programme/individual child care plan is the most significant component of restorative justice under the JJ Act, 2015 read with JJ Rules, 2016. The R & R programme /individual child care plan has to be implemented through various agencies and individuals nominated in the JJ Act, 2015 read with JJ Rules, 2016. The aforesaid agencies which are charged with the duty of implementing the R & R programme/individual child care plan for a child post release from the observation home include "fit institutions/fit facilities," "fit persons," "group foster care institutions," "group foster care givers," "case workers".

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After granting interim bail to the appellant in this case as well as in the

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CRLA No. 1470 of 2024

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connected bail application, this Court had assessed the need for an R & R programme/individual child care plan for the child in both the cases. However, it transpired during the course of arguments that the agencies/authorities who would implement the aforesaid plan under the JJ Act, 2015 read with JJ Rules, 2016 were not nominated/recognised.

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Learned AGA did not have any satisfactory instructions regarding existence of "fit institutions/fit facilities," "fit persons," "group foster care institutions," "group foster care givers," "case workers" under the JJ Act, 2015 read with JJ Rules, 2016 in district Kasganj and Mainpuri in particular. Consequently, the Court had to request the presence of the DPO Kasganj and DPO Mainpuri for assisting the Court in the matter.

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Ms. Pallavi Singh, District Probation Officer, Kasganj and Sri Rajnath, District Probation Officer, Mainpuri are present in Court. District Probation Officer, Prayagraj is also present in Court as pairokar of the Additional Chief Secretary, Department of Women and Child Development. The officers have stated before the Court that no "fit institutions/fit facilities," "fit persons," "group foster care institutions," "group foster care givers," "case workers", have been identified and recognised in districts Kasganj and Mainpuri.

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The officers shall file an affidavit to this effect. Both the officials namely District Probation Officer, Kasganj and District Probation Officer, Mainpuri shall file an affidavit by the next date of listing.

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In the absence of a criteria for recognition and lack of recognised institutions as "fit persons," "group foster care institutions," "group foster care givers," "case workers" as contemplated in the JJ Act, 2015 read with JJ Rules, 2016 in districts Kasganj and Mainpuri, the R & R programme/individual child care plan cannot be executed. Without effective implementation of the R & R programme/individual child care plan the role of the Court becomes purely adjudicatory and the legislative mandate of restorative justice is completely negated. In both the connected bail applications the foremost component of R & R programme/individual child care plan is education. There are many commonalties in the R & R programme/individual child care plan which are being framed and the rights of both the children vested under the Right to Education Act.

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Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Paritosh Kumar Malviya, learned AGA have assisted the Court on behalf of the State. Learned Additional Advocate General as well as learned AGA fairly state

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that the instructions lack the necessary information as regards availability of statutory institutions throughout the State for implementing the R & R programme /individual child care plan, post release of the child in conflict with law. Time had been granted to the State counsels for obtaining necessary instructions on the last occasions in this regard.

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On the basis of the aforesaid submissions and the records available with the learned AGA, prima facie, it appears that the fit institutions/fit facilities," "fit persons," "group foster care institutions," "group foster care givers," "case workers" do not exist in the State. This deficiency effectively frustrates the beneficient intent of the JJ Act, 2015 read with JJ Rules, 2016 and violates the rights of a most vulnerable section of the society namely children in conflict with law.

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Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Paritosh Kumar Malviya, learned AGA pray for further time to file an affidavit on behalf of the State Government on the following issues:

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Steps taken for determining the criteria of "fit institutions/fit facilities," "fit persons," "group foster care institutions," "group foster care givers," "case workers".

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Details of "fit institutions/fit facilities," "fit persons," "group foster care institutions," "group foster care givers," "case workers" duly identified/recognised under the JJ Act, 2015 read with JJ Rules, 2016, for post release R & R programme/individual child care plans.

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Whether schools in which the children are proposed to be admitted as part of the R & R programme/individual child care plan to accomplish the educational mandate of the programme can be identified as "fit persons," "group foster care institutions," "group foster care givers," "case workers" and the teachers in the schools can be designated as "fit persons," "group foster care institutions," "group foster care givers." Prima facie schools and teachers respectively satisfy the criteria for such designation/recognition for the purpose of implementing the activities in the R & R programme/individual child care plan insofar as they relate to education.

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Feasibility of giving incentives to institutions/schools to upgrade their facilities for nomination as "fit persons," "group foster care institutions," "group foster care givers," "case workers" and for teachers to upskill their qualifications for being recognised as "fit persons," "group foster care institutions," "group foster care givers," "case workers".

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CRLA No. 1470 of 2024

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Nomination of other institutions, volunteer groups, civil society institutions, non government organizations, professionals which have requisite expertise and possess necessary capacity for being recognized as "fit persons," "group foster care institutions," "group foster care givers," "case workers" and the teachers in the schools can be designated as "fit persons," "group foster care institutions," "group foster care givers under the JJ Act, 2015 read with JJ Rules, 2016."

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Feasibility of development of pedagogy/curriculum for the R & R programme/individual child care plan (including) the education of the child in conflict with law.

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Feasibility of collaboration of various educational institutions and entities like SCERT, NCERT, NCTE, State Universities, Central Universities, schools and other institutions for development of the aforesaid pedagogy/curriculum for children in conflict of law.

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Feasibility of having a proper training programmes for teachers and other mentors who are to be identified as "fit persons," "group foster care institutions," "group foster care givers," "case workers" for different activities under the R & R programme/individual child care plan in light of the provisions of the JJ Act, 2015 read with JJ Rules, 2016.

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Feasibility of collaboration with various institutions like SCERT, NCERT, NCTE, State Universities, Central Universities, schools and other institutions for implementation of the R & R programme/individual child care plan.

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Plan for coordination between various departments of the State including Department of Women and Child Development, Director General (Education), Departments of Education (Higher Education, Intermediate Education, Basic Education), Department of Empowerment of Persons with Disabilities, Department of Social Welfare, Mission Director for Skill Development, Department of Sports, Department of Health & Medical Education, Department of Culture, Police Department, Department of Law and any other department as may be deemed appropriate for implementation of the JJ Act, 2015 read with JJ Rules, 2016.

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Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Paritosh Kumar Malviya, learned AGA shall hold a conference with the Additional Chief Secretaries of the respective departments and file the affidavit on behalf of the State. The affidavit shall reflect the stand of different departments but speak in one voice reflecting full concert between various departments of the Government.

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CRLA No. 1470 of 2024

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District Probation Officer, Kasganj and District Probation Officer, Mainpuri, District Inspector of Schools, Kasganj and District Inspector of Schools, Mainpuri to be present in person on the next date of listing for assisting the Court in finalizing the R & R programme/individual child care plan. List on 12.02.2026 for further hearing and dictation."

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Shri Satish Kumar, DIOS, Mainpuri; Shri Rajesh Kumar Yadav, DIOS, Kasganj; Ms. Pallavi Singh, District Probation Officer, Kasganj; and Shri Rajnath, District Probation Officer, Mainpuri are present before the Court.

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The affidavits filed on behalf of DPO, Kasganj and DPO Mainpuri are taken in the record. The affidavits assert that there are no recognized or nominated "fit institutions" and "fit persons" in the respective districts.

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Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Paritosh Kumar Malviya, learned AGA-I on the basis of instructions submits that "fit institutions" and "fit persons" have not been identified by the Government in the State of U.P. Applications were invited by means of advertisements on four occasions from eligible institutions and individuals who were desirous of being nominated as "fit institutions" and "fit persons". The aforesaid efforts of the State Government were unavailing as no application was received in response to the aforesaid advertisements. The alternative methods of nominating "fit institutions" and "fit persons" after due process are now being explored.

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Absence of "fit institutions" and "fit persons" is creating impediments in conducting the post release R & R programme and is also obstructing the implementation of post release individual child care plan after release of the child. The courts and the State cannot sit content with this state of affairs where the legislative mandate of the JJ Act, 2015 read with JJ Rules, 2016 is being negated. Post release R & R process of the child in conflict with law is grounded in the family and social environment of the child. The family of the child is the first set

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CRLA No. 1470 of 2024

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of "fit persons". However, the family may not possess adequate resources to implement various aspects of the R & R programme/individual child care plan. The family has to be supported by other "fit institutions/fit persons" for successful implementation of the R & R programme/individual child care plan after the release of the child from the Observation Homes/care facilities.

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A large component of R & R programme/individual child care plan pertains to education of the child in conflict with law. In fact the educational content of the R & R programme/individual child care plan overlaps with the rights of the said child under the RTE Act, 2009. Characteristics of educational institutions/schools and teachers, and the attributes of "fit institutions" are prima facie similar insofar as they relate to satisfying the educational requirements of R & R programme/individual child care plan. Schools often possess the requisite infrastructure, skilled staff, dedicated and qualified teachers who can accomplish the purpose of the educational component of the R & R programme/individual child care plan. All such schools and teachers are institutions of highest credibility in the society to whom children can be confided with confidence.

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It is open to the State Government to explore the feasibility of declaring schools as "fit institutions" and teachers as "fit persons" for the purposes of achieving the educational goals of the R & R programme/individual child care plan. For this purpose the State Government may also consider incentivizing the schools to upgrade their facilities and teachers to upskill themselves respectively to accomplish their roles as "fit institutions" and "fit persons". Appropriate mechanisms and safeguards can be built to enable the concerned schools and teachers to discharge their roles as educators for children in conflict with law.

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Retired teachers who had good records of service and volunteer

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CRLA No. 1470 of 2024

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to fulfill the educational component of the R & R programme/individual child care plan may also be considered for nomination as "fit institutions" and "fit persons". Similarly other volunteer organizations of professionals and charitable institutions can also be encouraged for carrying out various activities under the R & R programme/individual child care plan depending upon their respective specializations.

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More than one "fit institutions" and "fit persons" can be appointed to run the R & R programme/individual child care plan depending upon the expertise of such institutions/individuals and the nature of the activity in the R & R programme/individual child care plan.

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Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Paritosh Kumar Malviya, learned AGA-I prays for and is granted further time to file affidavit on behalf of the State to ensure compliance of the statutory mandate of the JJ Act, 2015 read with JJ Rules, 2016 for nomination of various institutions and individuals post release R & R programme/individual child care plan.

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In the facts of this case, this Court is of the opinion that since the nomination of "fit institutions" and "fit persons" by the State is taking time, the child in the instant case cannot be left to their own devices. Consequently as an interim measure the following individual child care plan is framed for ensuring the rehabilitation and reintegration of the said child in the society. The appellant-child shall be encouraged and facilitated in participating in the following activities:

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I. Academics/Education II. Yoga III. Sports IV. Music V. Arts VI. Crafts VII. Theatre VIII. Gardening IX. Counselling X. Group activities with other students. XI. Activities to imbibe good moral values and life skills

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CRLA No. 1470 of 2024

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The aforesaid preliminary individual child care plan will be implemented under the supervision of the Juvenile Justice Board.

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Education is a major component of the R & R programme/individual child care plan. Hence both children shall be admitted in government schools close to their neighbhourhood. The schools shall be nominated by the DIOS/BSA of the respective districts Kasganj and Mainpuri after conducting due enquiry into the ability of the schools to implement various parts of the individual child care plan. The aforesaid schools shall be considered as "fit institutions" and all teachers therein shall be considered as "fit persons" as an interim measure.

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The teachers in the respective schools shall encourage incorporating the aforesaid activities in the individual child care plan, but shall ensure that the child is not put under undue stress.

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The report pertaining to the child's progress shall be sent by the respective schools to the District Probation Officer of Kasganj/Mainpuri who in turn shall place the same before the concerned Juvenile Justice Board of the respective district for consideration and further directions. The identity of the child shall be protected, and proceedings before the JJB shall also remain confidential.

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It is clarified that no liability would accrue to the schools or the teachers on the ground of such interim nomination.

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Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Paritosh Kumar Malviya, learned AGA-I shall have a physical conference and interactions with the concerned Additional Chief Secretaries of the respective departments in terms of the earlier order of this Court dated 29.01.2026 and file the affidavit on behalf of the State.

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CRLA No. 1470 of 2024

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A copy this order shall be sent to the Juvenile Justice Board of districts Kasganj and Mainpuri.

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The hearing of the matter is underway and part of the judgment has already been dictated. List on 11.03.2026 for further hearing and dictation of judgment.

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Interim order to continue till further orders of the Court.

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(Ajay Bhanot,J.)

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February 12, 2026 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

X- Juvenile v. State of Up and 3 Others

Case brief

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X- Juvenile v. State of Up and 3 Others

Case brief

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