Allahabad High Court
X(Minor) vs State Of U.P. And Another on 14 July, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:141009
Court No. - 80
Case :- CRIMINAL REVISION No. - 2207 of 2022
Revisionist :- X(Minor)
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Vivek Kumar Singh,Anubhav Kumar Vimal,Navin Kumar Pandey
Counsel for Opposite Party :- G.A.,Aqueel Ahmad,Vivek Kumar
Hon'ble Subhash Chandra Sharma,J.
List has been revised. Learned counsel for the revisionist aw well as learned A.G.A is present. No one is present from the side of opposite party.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for revisionist, learned A.G.A. for State and perused the record.
The present criminal revision has been preferred by the revisionist through his brother under Section 102 of the Juvenile Justice (Care and Protection) Act-2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present revision and set aside the judgment and order dated 31.3.2022 passed by learned Session Judge,/Special Judge Etah in Criminal Appeal No.60 of 2021 as well as order dated 3.12.2021 passed by Principal Judge,Juvenile Justice Board, Etah. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 767 of 2021, under Sections 307 IPC and Police Station Kotwali Nagar, District Etah.
It is submitted by learned counsel for the revisionist that the delinquent was aged about 15 years eight months and eight days at the time of alleged incident in which injury was caused to the brother of informant on his waist. It is further submitted that the delinquent is languishing in Child Care Home since 12.9.2021. It is further submitted that the F.I.R was lodged against the delinquent and one other unknown person. The injury is said to be caused on the person of the injured was simple in nature and not likely to cause his death. In this way the case does not come within the preview of offence as defined under section 307 I.P.C.
The report as submitted by D.P.O is not adverse to the interest of the present delinquent but all these facts were not considered either by Board or by the appellate court. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as the appellate court. The delinquent is in Juvenile Care Home since 12.9.2021 and his psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned A.G.A. for the State opposed the prayer as aforesaid
Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the order 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 Principal Juvenile Justice Board dated 3.12.2021 and the appellate court dated 31.3.2022 are, hereby, set aside and present Criminal Revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing personal bond by the revisionist (brother 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/brother 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 brother will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/brother 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/brother 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 :- 14.7.2023
G.S
