Allahabad High Court
X Juvenile vs State Of U.P. And Another on 3 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:155615
Court No. - 80
Case :- CRIMINAL REVISION No. - 1272 of 2022
Revisionist :- X Juvenile
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Rajrshi Gupta,Rajnish Kumar,Rizwan Ahamad,Sr. Advocate
Counsel for Opposite Party :- G.A.,Mahendra Tripathi
Hon'ble Subhash Chandra Sharma,J.
Notice served to opposite party No. 2 but none appeared for the opposite party even in the revised call.
Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.
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 05.02.2022 passed by learned Sessions Judge, Firozabad in Criminal Appeal No. 02 of 2022 as well as order dated 24.12.2021 passed by Juvenile Justice Board, Firozabad. Further prayed to release the revisionist on bail in Case Crime No. 171 of 2019 under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Naseerpur, District Firozabad.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years 8 months at the time of alleged incident. It is further submitted that he was married to the deceased aged about 20 years in the year 2019. On account of mutual dispute in the family she consumed poison as a result she died. No any demand of dowry was made by the delinquent with the deceased and there was no any maltreatment on his part. During post mortem no any external or internal injury was found on the person of the deceased but death was found to be caused with poison. It is further submitted that there is nothing adverse against the interest of the delinquent in the report submitted by D.P.O.
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 30.08.2019 i.e. about four years 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.
Learned A.G.A. opposed the prayer as aforesaid.
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, the time delinquent remained in Child Care Home, 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.
Accordingly, the orders passed by Juvenile Justice Board dated 24.12.2021 and the appellate court dated 05.02.2022 are, hereby, set aside and present criminal revision is hereby, allowed.
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 :-
(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 thefather will ensure that the juvenile will not repeat the offence.
(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.
(iii) Juvenile and the revisionist/ father will report to the Probation Officer on the first Monday of every calendar month.
(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.
Order Date :- 3.8.2023
Suraj Srivastav
