Allahabad High Court
X-Minor vs State Of U.P. And Another on 16 December, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Neutral Citation No. - 2023:AHC:238361
Court No. - 80
Case :- CRIMINAL REVISION No. - 5219 of 2023
Revisionist :- X-Minor
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Sumit Kumar Srivastava,Krishna Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
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 natural guardian with a prayer to allow this revision and set aside the judgment and order dated 05.09.2023 passed by Juvenile Justice Court, Auraiya in Criminal Appeal No. 30 of 2023 as well as order dated 16.05.2023 passed by Juvenile Justice Board, Auraiya. Further prayed to release the revisionist on bail in Case Crime No. 145 of 2021 under Section 302 I.P.C., Police Station Phaphund, District Auraiya.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident. It is further submitted that incident is said to have taken place on 05.05.2021 and F.I.R. was lodged against unknown accused during the course of investigation on the basis of suspicion and friendship his name was brought into light and false recovery of an axe was shown at the instance of the revisionist from the canal. It is also submitted that the deceased was aged about 30 years and there were several injuries on his person found during post mortem which cannot be said to have been caused by the revisionist aged about 16. There is no any evidence on record to show the complicity of the revisionist in committing murder of the deceased except last seen. On the basis of location of mobile phone it cannot be concluded that this was the reason he committed murder of the deceased. It is submitted that the inquiry is also not possible in near future. 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 12.05.2021 i.e. more than two and a half 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 16.05.2023 and the appellate court dated 05.09.2023 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 ( natural guardian 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/ natural guardian 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 natural guardian will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/ natural guardian 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/ natural guardian 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 :- 16.12.2023
Suraj Srivastav
