Anshul Rai @ Hanuman Bacha vs The State Of Madhya Pradesh
2022 Latest Caselaw 6012 MP

                                                      1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                              ON THE 23rd OF APRIL, 2022

                                      CRIMINAL REVISION No. 1486 of 2022

                             Between:-
                             ANSHUL RAI @ HANUMAN BACHA S/O SANJAY
                             RAI, AGED ABOUT 16 YEARS, OCCUPATION:
                             THROUGH NEXT FRIEND NATURAL GUARDIAN
                             HIS FATHER SANJAY RAI S/O SURESH RAI,
                             OCCUPATION-STUDENT    R/O     H.NO.282,
                             PANCHSHEEL   NAGAR,  BHOPAL  (MADHYA
                             PRADESH)

                                                                                 .....PETITIONER
                              SHRI MOHAMMAD SHAFIQULLAH, ADVOCATE FOR THE REVISION
                                                  PETITIONER

                                                            AND

                             THE STATE OF MADHYA PRADESH THROUGH
                             POLICE STATION T.T.NAGAR DISTRICT-BHOPAL
                             (MADHYA PRADESH)

                                                                               .....RESPONDENTS
                                     SHRI PUNEET SHORTI, PANEL LAWYER FOR STATE

                             This revision petition is taken up for hearing and the Court has
                                                passed the following:
                                                      ORDER

This is first criminal revision filed by the revision petitioner under Section 102 of the Juvenile Justice (Care and Protection) Act, 2015 read with Sections 397/401 of the Code of Criminal Procedure, 1973.

Revision petitioner Anshul Rai @ Hanuman Bachcha is aggrieved of order dated 21.3.2022 passed by the learned 23rd Additional Sessions Judge/Special Judge (POSCO Act), 2012, District Bhopal rejecting Criminal Appeal No.35/2022 filed by the Juvenile under Section 101 of the Juvenile Justice (Care and Protection) Act, 2015 on the basis of the report of the Probationary Officer in which it is mentioned that the

Signature Not juvenile revision petitioner has company of persons elder to him and he is SAN Verified

Digitally signed by habitual of smoking and consuming liquor. It is also mentioned in AMIT JAIN Date: 2022.04.23 17:53:14 IST

Paragraph No.8 of the impugned judgment that the parents are not having proper control over the revision petitioner.

Learned counsel for the revision petitioner submits that as per the version of eye-witness Salman Khan, the main accused is Pappu Chatka

and it was Pappu Chatka, who had caused injury with a knife on the chest of deceased Shahid and merely the revision petitioner was only present there. It is also submitted that in the report of the Probationary Officer, he has categorically mentioned that the parents can be counselled to keep proper control over the revision petitioner. It is further mentioned in Column No.12 that there has been improvement in the conduct of the child during his twenty eight days' period of supervision. Placing reliance on all these material and throwing light to the fact that the revision petitioner is a student of Nalanda Public Higher Secondary School, it is prayed that this revision petition be allowed and the revision petitioner be given in the custody of his parents/guardian.

Learned Panel Lawyer for the State in his turn submits that there is no illegality in the impugned judgment but he admits that the Probationary Officer has given a favourable recommendation and there is no adverse finding recorded by the Probationary Officer qua the parents of the revision petitioner or any shortcoming in the upbringing of the juvenile.There is a mention of improvement in his conduct under supervision.

In view of the aforesaid and also taking note of the fact that Pappu Chatka is main accused, who had caused injury with a sharp aged weapon to deceased Shahid and general and omnibus allegations of beating the deceased with kicks and fists have been levelled against the present revision petitioner so also keeping in view the fact that the revision petitioner's parents are capable of taking care of the revision petitioner, it will be appropriate to allow this revision petition and quash the impugned

judgment dated 21.3.2022 directing the authorities to handover the revision petitioner in the custody of his parents/guardian and it is so directed.

However, looking to the nature of the case, it will be appropriate to direct the Probationary Officer to prepare a monthly report of progress of the behaviour of the juvenile and his environment and if it is found that there is any deterioration or the parents/guardian are not able to take care

of the juvenile, the Probationary Officer will be free to move an appropriate application in this regard.

It is directed that if the parents/guardian of the present revision petitioner furnishes a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) and a solvent surety in the like amount to the satisfaction of the Juvenile Justice Board, Bhopal with an undertaking that the parents/guardian will take care of the juvenile in conflict with law and also take care that he will not indulge in any kind of criminal activity, the custody of the revision petitioner/juvenile in conflict with law be handed over to his parents/guardian.

A copy of this order be sent to the Juvenile Justice Board, Bhopal for information and compliance.

In above terms, this revision petition is disposed of.

(VIVEK AGARWAL) JUDGE amit