Madhya Pradesh High Court
Vidhi Ka Ulanghan Karne Wala Balak V.C. ... vs The State Of Madhya Pradesh on 5 August, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:20673
1 CRR-3279-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 5 th OF AUGUST, 2025
CRIMINAL REVISION No. 3279 of 2025
VIDHI KA ULANGHAN KARNE WALA BALAK V.C. DWARA
SANRAKSHAK P.C. (MOTHER)
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ayushyaman Choudhary - Advocate for the petitioner.
Shri Rajendra Singh Suryavanshi appearing on behalf of Advocate
General[r-1].
ORDER
This criminal revision under Section 102 of the Juvenile Justice (Care
and Protection of Children) Act, 2015 (hereinafter for short referred as, 'Act
of 2015') has been preferred challenging the order dated 09.07.2025 in
Cr.A.No.156/2025 passed by the Special Judge (POCSO Act)/21 st
Additional Session Judge, Indore whereby the order dated 30.06.2025 passed
by Principal Magistrate, Juvenile Justice Board, Indore has been upheld. The
Principal Magistrate, Juvenile Justice Board has rejected the application for
grant of custody of the Juvenile.
2 . As per the prosecution case, on 14.06.2025 the child in conflict
with law was found in possession of 1 Kg. 200 grams of cannabis (Ganja) in
a motorcycle without having any licence or authority. Police had seized the
aforesaid contraband from the possession of child in conflict with law and
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accordingly crime has been registered against him.
3 . Reasons for not extending the benefit of Section 12 of the Juvenile
Justice (Care and Protection of Children) Act, 2015 are based on
supposition. They does not match with the social investigation report as there
is no exposure of this child in conflict with law and social investigation
report mentions the fact that act was committed due to some allurement.
4 . Challenging the impugned order this criminal revision has been
preferred on the ground that considerations in deciding the application under
Section 12 of the Juvenile Justice (Care and Protection of Children) Act,
2015 has not been discussed. Child is innocent and there is no other criminal
record of the child in conflict with law. Thus, it is submitted that the revision
may be allowed, and the impugned orders be set aside.
5 . Learned counsel for the respondent/State has opposed the criminal
revision and prayed for its dismissal.
Heard.
6 . The mandate of Section 12 of Act of 2015 is the only mandate,
which is to be seen at the time of giving minor in the custody of his parents
or guardian. No such danger is apparent.
7 . Accordingly, the present revision petition is allowed and the
impugned judgment dated 09.07.2025 and impugned order 30.06.2025 are
hereby set aside and it is directed that the juvenile shall be released on bail
and handed over to the custody of his guardian on furnishing a personal bond
of Rs.75,000/- (Rupees Seventy five thousand only) with one solvent surety
in the like amount to the satisfaction of the Juvenile Justice Board, Inodre
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subject to the condition that the Guardian of the juvenile shall keep watch
over him during the period of their release and keep them present on each
and every date of appearance before the Juvenile Justice Board and shall not
allow the minor to come into association with any known/unknown criminals
and further ensure that his release shall not defeat the ends of justice in any
manner.
8 . It is further directed that Probation Officer shall periodically keep
vigilance over the child conflicted with law and observe his activities and in
the event of any adversity noticed by him, he shall inform the Juvenile
Justice Board and the Board, after proper enquiry, if found the activities of
the conflicted child adverse to law, may send the juvenile to Child
Reformation Center and in such condition, this order regarding granting of
child custody shall stand automatically cancelled without further reference to
this Court.
9. Resultantly, this revision petition stands allowed and disposed of in
the manner indicated herein-above, thereby setting aside the impugned
orders.
Certified copy as per Rules.
(GAJENDRA SINGH)
JUDGE
VS
