Jharkhand High Court
Swarnim Siddharth vs The State Of Jharkhand on 13 September, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 913 of 2024
1. Swarnim Siddharth
2. Abhinav Sharma ... Petitioners
-Versus-
1. The State of Jharkhand
2. Kamta Prasad Singh ... ...Opposite Parties
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioners :- Mr. Indrajiit Sinha, Advocate;
Mr. Akhouri Awinah Kumar, Advocate
For the State :- Mr. Satish Prasad, APP
...
05/13.09.2024: IA No. 8601 of 2024
Both the counsels have appeared.
By way of this interlocutory application, the petitioners have prayed
for an appropriate order from this Court to stay further proceedings in
connection with GR Case No. 660 of 2017, arising out of RIT PS Case No. 50
of 2017, corresponding to Children Case No. 04 of 2022, pending in the Court
of the learned Additional District & Sessions Judge-I-cum-Children Court,
Seraikella.
The petitioners have filed the instant criminal revision against the
order dated 28.06.2024, passed by the learned Additional Sessions Judge-I-
cum-Special Judge, Children Court, Seraikella, in Criminal Appeal No. 31 of
2022, arising out of GR Case No. 660 of 2017 in connection with RIT PS Case
No. 50 of 2017, whereby and whereunder, the learned Special Court has been
pleased to dismiss the appeal preferred against the order dated 12.07.2022
passed by the learned Principal Magistrate, Juvenile Board, Seriakella-
Kharsawan by which the learned Court has been pleased to transfer the entire
case record to the learned Additional District & Sessions Judge-I-cum-Children
Court, Seraikella under section 18(3) of Juvenile Justice Act.
The learned counsel for the petitioners has submitted that the date of
alleged occurrence is 03.07.2017 and due to delay in assessment, the
petitioners have been gravely prejudiced. The learned counsel has further
submitted that the enquiry was not completed within the mandatory period of
four months as enumerated under sections 14(2), 14(3) and 15 of the Juvenile
Justice Act. It is imperative to mention that no extension of time was granted
by the Chief Judicial Magistrate for completion of enquiry beyond four months
and on this score only the impugned order is liable to be set aside. The learned
counsel has further submitted that the preliminary assessment has to be
conducted to see whether the child in conflict with law has the physical and
mental capacity or ability to understand the consequence of the offence at the
time of commission of crime. In the present case, when the assessment was
made the petitioners who were children in conflict with law have already
attained majority and, thus the assessment cannot be taken to disregard the
claim of juvenility of the petitioners. The learned counsel has further
submitted that the legislative intend to bring Juvenile Justice Act was to uphold
the principles of best interest of child and non-waiver of rights. In the present
case, if the trial is allowed to proceed, the same would prejudice the interest of
the petitioners. The learned counsel has then referred to a judgment of the
Hon'ble Allahabad High Court in "Shanu Raja v. State of U.P." 2024 SCC
OnLine All 2202, wherein the mental capacity, whether the juvenile in conflict
with law knew the consequences of the act much after the crime had been
committed, was to be decided and the Hon'ble Allahabad High Court had
decided in favour of the juvenile in conflict with law and matter was remanded
to the Juvenile Justice Board to conduct the trial.
The learned counsel for the State has opposed the prayer for stay.
Having heard both the counsels for the parties, noted the submissions
by the learned counsel for the petitioners and on perusal of the cited judgment,
further proceedings in GR Case No. 660 of 2017, arising out of RIT PS Case
No. 50 of 2017, corresponding to Children Case No. 04 of 2022, pending in the
Court of the learned Additional District & Sessions Judge-I-cum-Children
Court, Seraikella shall remain stayed.
Accordingly, IA No. 8601 of 2024 is allowed and disposed of.
Put up this case on 18.10.2024.
Meanwhile, issue notice to the opposite party no.2, on his present
and correct address, under registered cover with A/D as well as by ordinary
process, for which, requisites to be filed within two weeks.
S.B. (Ratnaker Bhengra, J.)
