Abhishek Dhakare (Child In ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 2015 MP

                                 1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                            BEFORE
             HON'BLE SHRI JUSTICE ATUL SREEDHARAN
                   ON THE 3 rd OF FEBRUARY, 2023
                 CRIMINAL REVISION No. 307 of 2023

BETWEEN:-
ABHISHEK DHAKARE (CHILD IN CONFLICT WITH LAW)
AGED NEAR ABOUT 16 YEARS, S/O X R/O SAROJ NAGAR
BHIND DISTRICT BHIND THROUGH UNDER GUARDIAN
HIS ELDER BROTHER SATENDRA DHAKARE S/O SHRI
UMESH DHAKARE R/0 AT PRESENT MAHAVEER GANJ
BHIND (MADHYA PRADESH)

                                                             .....PETITIONER
(BY SHRI RAM KISHORE SHARMA - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION CITY KOTWALI, DISTRICT BHIND (MADHYA
PRADESH)

                                                            .....RESPONDENT
(BY SMT KALPANA PARMAR - PANEL LAWYER )

      This revision coming on for admission this day, the court passed the
following:
                                  ORDER

This is Fourth Criminal Revision under Section 397 read with Section 401 of Cr.P.C. read with Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 moved by the petitioner herein, whereby, the application for grant of bail so moved before the Juvenile Justice Board was dismissed against which an appeal was preferred before the Court of Additional Sessions Judge, which by judgment dated 23/6/2022 dismissed the appeal filed by the petitioner herein. Against the said order, the petitioner preferred a

Criminal Revision bearing No. 4003/2022, which was dismissed by the order dated 10/11/2022 passed by this Court, the effect of which was the confirmation of the correctness of the order passed by the Court of ASJ dated 23/6/2022. Thereafter, this Court became functus officio to reexamine the correctness of the order dated 23/6/2022. However, the present petition has been filed once again challenging the same very order passed by learned ASJ dated 23/6/2022, against which a criminal revision bearing No. 4003/2022 has already been dismissed by the order dated 10/11/2022.

Learned counsel for the petitioner submits that in paragraph No. 8, while dismissing the criminal revision, a liberty to revive the prayer alongwith the

status of trial in Crime No. 125/2021 was granted to the petitioner.

However, the same has to be construed in conjunction with the law. Once an order of the learned Court below is challenged in a criminal , and the same is affirmed by the dismissal of that criminal revision, this Court became functus officio so far as the order that was challenged before it. Thereafter, in view of Section 362 of Cr.P.C. it cannot look into the correctness of the same order in a fresh criminal revision. In such a situation, the only option available to the petitioner would be to approach the Juvenile Justice Board afresh in the changed circumstances for the grant of bail and if he fails there, he can prefer an appeal before the Court of Sessions and if that order is also adverse to the petitioner, he can approach this Court in a fresh petition under Section 397/401 of Cr.P.C. read with Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 against the new order passed by the learned Court below.

Under the circumstances, this petition is dismissed as not maintainable in view of the earlier dismissal of the criminal revision against the same order dated 10/11/2022 passed in criminal revision No. 4003/2022. However, liberty is

granted to the petitioner to approach the Juvenile Justice Board afresh for grant of bail in changed circumstances and thereafter approach this Court in a revision, if the adversed order passed by the Juvenile Justice Board fails in an appeal before the Court of Sessions.

With the above liberty, this petition is dismissed as not maintainable.

(ATUL SREEDHARAN) JUDGE JPS/-

JAI 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,

PRAKASH st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c 7633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB21 93780D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8072A2 D8C01433EBD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2023.02.04 10:40:36 +05'30'