Allowed

Baby Devi v. The State Of Bihar and Ors.

Patna HC7 Feb 2017CR. REV./33/2016

Case brief

AI extract

What is this about?

Single judge allowed a revision under Section 52 of the JJ Act. The High Court declined to interfere with the Juvenile Justice Board's declaration of juvenility, noting no record evidence supported the petitioner's doubts about the education board's certificates.

What did the court decide?

Petitioner's revision under Section 52 of JJ Act allowed; no interference with lower court's order declaring respondents as juveniles.

Baby Devi Vs The State Of Bihar and Ors. — Education and Admissions | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Revision No.33 of 2016

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Baby Devi Wife of Fatul Swarnkar, Resident of Village - Pathraha, Police Station - Ghailarh, District - Madhepura at present daughter of Jay Narayan Swarnkar, Resident of Barahi, Police Station and District - madhepura.

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Sanjay Swarnkar @ Fatul Swrnkar,

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Vijay Swarnkar, Both sons of Shashinath Swarnkar, Resident of Village

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Pathraha, Police Station - Ghailrah, District - Madhepura.

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Uday Chand Prasad For the Respondent/s : Mr. Yogendra Kumar (App)

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====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

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5 07-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State.

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While rejecting the petitioner’s appeal, filed under Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000, against an order passed by the Juvenile Justice Board, Madhepura, declaring Opposite Party Nos. 2 and 3 to be juveniles as on the date of occurrence, it has been observed that if the appellant had any grievance regarding genuineness of the Board’s certificates, she may raise it before the Juvenile Justice

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Patna High Court CR. REV. No.33 of 2016 (5) dt.07-02-2017

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2/2

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Board, Madhepura, in accordance with law.

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The Opposite Party Nos. 2 and 3 have been declared juveniles on the basis of matriculation certificates, issued by the Punjab Education Board, genuineness of which is being doubted by the petitioner. However, there is no material on record to doubt the correctness of the said matriculation certificates, as on date. The matriculation certificates have also not been brought on record.

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In such circumstance, I do not find any reason to interfere with the order passed by the Courts below.

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However, it is made clear that if the petitioner receives any information as regards lack of genuineness of the said matriculation certificate(s), the petitioner shall raise the matter before the Juvenile Justice Board, Madhepura, in accordance with law. The petitioner may seek such information from the Punjab Education Board with reference to the certificate(s).

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This application stands disposed of with the observation, as above.

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(Chakradhari Sharan Singh, J.)

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Prabhakar Anand/-

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U √ T √

Baby Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

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Baby Devi v. The State Of Bihar and Ors.

Case brief

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