Ajeet Gurjar vs The State Of Madhya Pradesh
2021 Latest Caselaw 7312 MP

                                                                                               1                               MCRC-54511-2021
                                                                            The High Court Of Madhya Pradesh
                                                                                    MCRC No. 54511 of 2021
                                                                               (AJEET GURJAR Vs THE STATE OF MADHYA PRADESH)

          2
          Gwalior, Dated : 11-11-2021
                                                      Shri Vijay Dutt Sharma, learned counsel for the applicant.

                                                      Shri Anil Shukla, learned PP for the respondent/State.

Shri Arun Pateriya and Shri Keshav Pathak, learned counsel for the complainant.

Through various provisions of Juvenile Justice (Care & Protection of Children) Act, 2015 as well as judgment passed by Single Bench of Delhi High Court

at New Delhi in the case of CCL-A (Child in Conflict with Law-A) Vs. State NCT of Delhi in Bail Application No. 2519/2020 dated 19th October, 2020, it is the submission of learned counsel for the applicant that in fact revision is the only remedy available to a person who is facing trial in Children Court after being referred by Juvenile Justice Board as adult. It is further submitted that earlier criminal revision has been filed by applicant under Section 102 of Juvenile Justice (Care & Protection of Children) Act, 2015 but due to opposition by other side and under the belief that application under Section 439 of Cr.P.C. is maintainable, the present application has been filed but on due research, it appears that revision is the appropriate remedy.

Learned counsel for the respondents though partially opposed the prayer but fairly submit that they would advance argument after the case is being converted into criminal revision.

Considering the submissions, applicant is directed to move appropriate application for conversion of this application filed under Section 439 of Cr.P.C. to criminal revision under Section 102 of Juvenile Justice (Care & Protection of Children) Act, 2015.

List the matter tomorrow i.e. on 12/11/2021.

(ANAND PATHAK) JUDGE

JPS/-

JAI PRAKASH Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7633f4cfb9e38ce

SOLANKI 14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB2193780D8357, serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D8C01433EBD48 AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2021.11.12 10:11:01 +05'30'