Madhya Pradesh High Court
Children In Conflict With Law vs The State Of Madhya Pradesh on 12 September, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:44320
1 CRR-3109-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY
ON THE 12th OF SEPTEMBER, 2025
CRIMINAL REVISION No. 3109 of 2025
CHILDREN IN CONFLICT WITH LAW
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Gyan Prakash Tripathi- Advocate for the petitioner.
Shri Amit Sharma- Government Advocate for respondent/State.
ORDER
In compliance of the Court order dated 29.07.2025, 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 petitioner-child in conflict with law assailing the
order dated 23.06.2025 passed by the First Additional Sessions Judge,
District Damoh in Criminal Appeal No.42/2025, whereby the learned
Appellate Court has dismissed the appeal filed by the petitioner against
the rejection of the application under Section 12 of the Act, 2015 vide
order dated 16.06.2025 passed by Principal Magistrate, Juvenile Justice
Board, Damoh in RCT No.38/2025.
3. As per the prosecution case, Crime No.169/2025 for the offences
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punishable under Sections 299, 111(4) and 196 of BNS and Sections 4, 5
r/w 9 of Madhya Pradesh Gauvansh Vadh Pratishedh Adhiniyam,
2004 has been registered against the petitioner and others with the Police
Station Kotwali, Damoh. It has been alleged that on 07.03.2025 on
receiving an information about firing near Sitavavli the police reached
there and found that the co-accused Kallu Qureshi has slaughtered a cow
and dissected body parts of the cow were also lying in the house of the
said accused. It has also been found that accused persons have viral the
photos of said slaughtering of cow through social media to provoke the
religious sentiments of public. Thereafter, the offence has been
registered and investigation was made. After the completion of the
investigation, a final report was submitted against ten accused persons to
the Trial Court and also against the petitioner to the Juvenile Justice
Board, Damoh. An application on behalf of the petitioner was filed
before the Principal Magistrate Juvenile Justice Board, Damoh under
Section 12 of the Act, 2015, the learned Principal Magistrate has
dismissed the application vide order dated 16.06.2025 and thereafter the
learned Appellate Court vide impugned order dated 23.06.2025
dismissed the appeal. Hence this revision.
4. Learned counsel for the petitioner has submitted that the finding
of the learned Appellate Court is contrary to the law relating to juvenile.
It is further submitted that the co-accused persons namely Shafiq
Qureshi, Fardeen, Sameer @ Sheikh Pappu have already been released
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on bail by the Trial Court. No role was assigned by the prosecution in the
commission of the said offence played by the petitioner. It is further
submitted that the social investigation report discloses the facts under
which the release of the petitioner will be in his interest.
5. On the other hand, learned counsel for the respondent/State has
opposed the prayer of the petitioner on the ground that there is a criminal
antecedent against the petitioner. He was involved in the commission of
the offence along with other co-accused persons. It is also stated that
learned Appellate Court as well as learned Principal Magistrate has not
committed any illegality in passing the order and he prayed that this
revision deserves to be dismissed.
6. Heard the learned counsel for the parties and perused the record.
7. The social investigation report dated 01.08.2025 submitted by the
Probation Officer, Damoh reveals that surrounding social conditions
particularly family affairs are prima facie responsible for rendering
the petitioner under the circumstances where he came in association with
other accused. It is also stated in the report that in the locality petitioner
is residing, the people are butcher and carrying out slaughter houses as
also family members of the petitioner are also involved in the same
activity. The petitioner is reportedly of a very poor background. The
Probation Officer opined that in the present circumstances, it has been
found in the social investigation with respect to the petitioner that the
surrounding circumstances are peaceful and there is no apprehension to
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the life of the petitioner.
8. In case of juvenile, the nature of offence or involvement therein
are insignificant. The prime consideration is the welfare of the juvenile.
The social investigation report reveals that the petitioner has no
apprehension in case of his release on bail. Although certain offences
have already been registered against the petitioner but same do not
adversely affects the interest of the petitioner.
9. Under the facts and circumstances of the case, in the considered
opinion of this Court, ends of justice would be served if the petitioner be
released on bail and sent to custody of his guardian.
10. Accordingly, the present criminal revision is allowed and the
impugned judgment dated 23.06.2025 is hereby set aside and it is
directed that the present petitioner- child in conflict with law 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, Damoh, subject to the condition that the
Guardian 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.
11. It is further directed that Probation Officer shall periodically
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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 petitioner 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.
12. Resultantly, this criminal revision stands allowed and disposed
o f in the manner indicated herein-above, thereby setting aside the
impugned orders.
(RAMKUMAR CHOUBEY)
JUDGE
SS
