Madhya Pradesh High Court
Child In Conflict With Law vs The State Of Madhya Pradesh on 20 November, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:33837
1 CRR-5259-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 20th OF NOVEMBER, 2025
CRIMINAL REVISION No. 5259 of 2025
CHILD IN CONFLICT WITH LAW
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Lokesh Shivhare - Advocate for the petitioner [P-1].
Shri Rajesh Joshi - GA for the State.
None for the victim despite service of notice.
ORDER
This criminal revision under section 102 of the Juvenile Justice (Care
and Protection of Children), Act, 2015 (for short 'the JJ Act, 2015" ) is
preferred being aggrieved by the judgment dated 16.10.2025 in criminal
appeal no.252/2025 by Second Additional Sessions Judge, Indore
(M.P.) arising out of order dated 24.07.2025 by Principal Magistrate,
Juvenile Justice Board, Indore whereby an application under Section 12 of
the JJ Act, 2015 preferred by the child in conflict with law apprehended in
connection with Crime No.936/2025 registered at Police Station - Banganga,
Indore under Sections 64, 65(2), 351(3), 5(m)/6 of the POCSO Act, 2012 has
been rejected.
02. On the date of incident 10.07.2025 child in conflict with law was
aged 15 years 6 months and 9 days old i.e. he was below the age of 16 years
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and Juvenile Justice Board (hereinafter referred as JJ Board) rejected the
application under section 12 of the JJ Act, 2015 vide order dated 16.10.2025
recording the finding that company of the child in conflict with law is not
proper. Child did not possess discipline and the surrounding of the child is
not in favour of the child in conflict with law. Family have no control over
the child and further recorded the finding that the matter consequently falls
under section 12 of the JJ Act, 2015 and Second Additional Sessions Judge,
Indore (M.P.) rejected the application in criminal appeal No.252/2025
affirming the finding of the JJ Board vide order dated 16.10.2025.
03. This Court the social investigation report and in the result of social
investigation report prepared by Law-cum-Probation Officer, Women and
Child Department, Indore is being reproduced below:-
"8 . प रवी ा अिधकार / बाल-क याण अिधकार /
सामा जक कयकता ारा पुनवास के संबंध म िसफा रश
बालक के प रवार म िश ा का तर िन न है । प रवार
मजदरू पर आि त है । बालक क ा 8th म िश न ा कर
रहा है । बालक लताभग 04 माह से स न गृह क
अिभर ा म ह। बालक सं था के दै िनक दनचया का
पालन कर रहा है । बालक ने सं था क अिभर ा म म डाला
आटस, िसरोड़ा बनाने का िश न ा कया है । बालक का
आचरण एवं यवहार अ छा है । बालक के भ व य को
गत रखते हुवे उसे प रवार के मा यम से पुनवास कया
जाना उिचत तीत होगा।"
04. The above report is against the findings of the Juvenile Justice
Board and Children Court hence, this revision is allowed and the impugned
order is hereby set aside and it is directed that the juvenile shall be released
on bail and handed over to the custody of his parents on furnishing a
personal bond of Rs.50,000/- (Rupees Fifty Thousand) with one solvent
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surety in the like amount to the satisfaction of the Juvenile Justice Board,
Indore subject to the condition that the mother of the juvenile shall keep
watch over him during the period 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.
05. 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
centre and in such condition this order regarding granting of child custody
shall stand automatically cancelled without further reference to this Court.
06. In the result, this revision petition stands allowed and disposed of
in the manner indicated herein above.
(GAJENDRA SINGH)
JUDGE
ajit
