Nayan S/O Nagorao Ingle vs The State Of Maharashtra, Thr. ...
2017 Latest Caselaw 7842 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR.

                                Criminal Writ Petition NO. 340 OF  2016
                                                                       


PETITIONER:                                Nayan s/o Nagorao Ingle,
                                           Aged about 18 years, Occupation-Student, 
                                           R/o Raigulmohar, Wing No.3, Flat No.603, 
                                           A-Block, Teka Naka, Nagpur.
                                                                           
                      
                                                         -VERSUS-


RESPONDENT:                                The State of Maharashtra,
                                           Through P.S.O., P.S. Kalamna, Nagpur.
 



                                                                                                                               

                  Shri A.K. Waghmare, Advocate for Petitioner.
                  Mrs. Geeta Tiwari, A.P.P. for R-Sole.




                  CORAM :  R.K. Deshpande, J
                  DATE  :    05.10.201
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                                        .

Oral Judgment

1] Heard Shri Waghmare, the learned counsel for the petitioner;

and Smt. Tiwari, the learned Additional Public Prosecutor for the

Respondent/State.

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2]          Rule, made returnable forthwith. Heard finally by consent of the 

learned counsels appearing for the parties. 



3]          The Juvenile Justice Board, Nagpur has held that the applicant is 

discharged for the offence punishable under Section 294 of Indian Penal

Code (IPC). However, it holds that prima facie the offences under Sections

394, 323, 506B are made out. This order dated 19/8/2015 passed in J.C.C.

No. 178/2015 was the subject matter of challenge in Criminal Revision

Application No. 289/2015 filed under Section 397 of Code of Criminal

Procedure, 1973 which was dismissed on 04/03/2016. Hence, this petition.

4] The offences under Sections 394, 294, 506 read with Section 34

of IPC were registered against the petitioner vide F.I.R.No. 155/2014.

Perusal of the F.I.R. does not disclose the offence under Section 323 of IPC.

However, in the order impugned dated 19/8/2015 passed by the Juvenile

Justice Board, Nagpur, it is held that the offence under Section 323 of IPC

is also made out. The Revisional Court confirms this order.

5] Perusal of the application filed by the petitioner shows that

though there is a prayer made for discharge from all the offences, in fact the

case made out in the application was only for discharge from the offence

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under Section 294 of I.P.C. The petitioner is therefore discharged from the

offence under Section 294 of IPC only, and he has not been discharged from

the remaining offences under Sections 394, 323 and 506(b) of IPC by the

Juvenile Justice Board by its order dated 19.8.2015.

6] In view of the above, the petitioner can be permitted to file a

separate application for discharge in respect of the offences under Sections

394, 323 and 506B which can be considered by the Juvenile Justice Board,

in accordance with law, and the observations made in the orders impugned

shall not come in way of the petitioner.

7] With these observations, the petition is dismissed. Rule stands

discharged. No costs.

JUDGE nandurkar