Madhya Pradesh High Court
Child Conflict With Law A vs The State Of Madhya Pradesh on 25 August, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:40448
1 CRR-3489-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY
ON THE 25th OF AUGUST, 2025
CRIMINAL REVISION No. 3489 of 2025
CHILD CONFLICT WITH LAW A
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sanjay Singh - Advocate for the applicant.
Ms. Shikha Singh Baghel- Panel Lawyer for the respondent-State.
ORDER
In compliance of the court order dated 31.7.2025, the social
investigation report has been received along with the case diary.
2. This criminal revision under Section 102 of the Juvenile Justice
(Care & Protection of Children) Act, 2015 (for brevity 'the Act of 2015') has
been filed by the applicant-child conflict with law against the order dated
11.7.2025 passed by the First Additional Sessions Judge to the Court of
Third Additional Sessions Judge, Sidhi District Sidhi, whereby the learned
Appellate Court has dismissed the appeal filed under Section 101 of the Act,
2015 and affirmed the order dated 23.6.2025 passed by the Principal Judge,
Juvenile Justice Board, Sidhi, wherein the application filed under Section 12
of the Act, 2015 for custody of the child in conflict was dismissed.
3. As per the prosecution case, Crime No.336/2025 for the offences
punishable under Sections 8, 21, 22 of the Narcotic Drugs and Psychotropic
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Substances Act, 1985 and Sections 5/13 of the M.P. Drugs Control Act has
been registered against the applicant-child conflict with law and one co-
child for illegal possession of contraband viz. 104 bottle corex syrup each of
100 ml. containing codeine. The applicant and co-child were produced
before the concerned Principal Magistrate, Juvenile Justice Board, Sidhi. The
learned Magistrate vide order dated 23.6.2025 allowed the application filed
under Section 12 of the Act, 2015 by the co-child, however rejected the
application so far as it relates to present applicant-child conflict with law.
The applicant preferred an appeal against the said order dated 23.6.2025
before the First Additional Sessions Judge to the Court of Third Additional
Sessions Judge, Sidhi District Sidhi. The learned appellate Court vide
impugned order dated 11.7.2025 considering the moral, physical and
psychological affects and apprehension of association with known criminals,
dismissed the appeal. Hence this revision.
4. Learned counsel for the applicant has submitted that the findings of
the learned appellate Court are based on assumptions and presumptions
rather than on cogent legal reasoning, which are contrary to the statutory
protection under Section 12 of the Act, 2015. It is further submitted that
social investigation report suggests nothing but reflects social economic
environment where the applicant was born.
5. On the other hand, learned counsel for the State has opposed the
prayer of the applicant on the ground that there are clear allegations of
commission of alleged offence alongwith co-child. Therefore, learned
Appellate Court has not committed any illegality in passing the impugned
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order and in keeping the juvenile in Child Reformation Center. Under these
circumstances, it is prayed that this revision be dismissed.
6. Heard the learned counsel for the parties and perused the record.
7. The social investigation report dated 20.8.2025 submitted by the
Probation Officer, Sidhi reveals that surrounding social conditions are prima
facie responsible for rendering the applicant-child conflict with law under the
circumstances where he came in association with other persons involving in
unlawful activities. Looking to the mental status and the activities of the
present applicant, reformative course may be adopted in the interest
of applicant-child conflict with law. Irrespective of the nature of the alleged
offence, it appears from the record that release of the applicant will not
certainly bring him into association with known criminals. There will be no
moral or psychological danger to him and there are chances to restore him
back with stream of the society.
8. Under the facts and circumstances of the case, in the considered
opinion of this Court, ends of justice would be served if the applicant be
released on bail and sent to custody of his guardian.
9 . Accordingly, the present criminal revision is allowed and the
impugned judgment dated 11.07.2025 is hereby set aside and it is directed
that the present applicant shall be released on bail and handed over to the
custody of his guardian on furnishing a personal bond of Rs.50,000/-
(Rupees fifty thousand only) with one solvent surety in the like amount to
the satisfaction of the Juvenile Justice Board, Sidhi, subject to the condition
that the Guardian of the juvenile shall keep watch over him during the period
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of his release and keep him 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.
10. 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 due enquiry, if the activities of the
applicant are found adverse to law, may send him 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.
11. Resultantly, this criminal revision stands allowed and disposed of
in the manner indicated herein-above, thereby setting aside the impugned
orders.
(RAMKUMAR CHOUBEY)
JUDGE
Ansari
