Baby Laxmi Bharti vs The State Of Bihar
2023 Latest Caselaw 1003 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CRIMINAL REVISION No.1074 of 2019
        Arising Out of PS. Case No.-170 Year-2014 Thana- NAGARNAUSA District- Nalanda
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Baby Laxmi Bharti D/o Sri Rajesh Kumar, Resident of Village- Bishunpur, P.S.- Nagarnausa, District- Nalanda.

... ... Petitioner/s Versus

1. The State of Bihar.

2. Ashirbad Yadav S/o Ramashish Yadav, Resident of Village- Bishnupur, P.S.-

Nagarnausa, District- Nalanda.

3. Ramesh Yadav S/o Mahesh Yadav, Resident of Village- Bishnupur, P.S.-

Nagarnausa, District- Nalanda.

4. Nitish Kumar S/o Sohaban Yadav, Resident of Village- Bishnupur, P.S.-

Nagarnausa, District- Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prabhat Kishore, Adv. For the State : Mr. Ajay Kumar No.2, APP. For the O.P. No.2 to 4 : Mr. Pankaj Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 15-03-2023

Heard learned counsel for the petitioner, learned

counsel for the State and learned counsel for the Opposite Party

No.2 to 4.

The present Cr. Revision Application has been filed

against the order dated 18.06.2019 passed by Juvenile Justice

Board, Nalanda in J.J.B. Case No.138 of 2015, by which

Opposite Party No.2 to 4 have been acquitted.

Learned counsel for the petitioner submits that

petitioner is informant in this case and on her F.I.R. the case has Patna High Court CR. REV. No.1074 of 2019 dt.15-03-2023

been lodged, in which, there are in total ten persons who were

made accused. Learned counsel submits that out of total accused

the case of three persons (Opposite Party No.2 to 4) were

referred before the Juvenile Justice Board. The Juvenile Justice

Board has declared the said opposite parties as Juvenile and trial

has commenced against them. He further submits that

opportunity was not granted to the petitioner to defend her case.

He also submits that the provisions of appeal is not available, as

such, she has preferred Cr. Revision under Section 102 of the

Juvenile Justice (Care & Protection of Children) Act, 2015.

Learned counsel for the State submits that from the

impugned judgment dated 18.06.2019, it transpires that after

declaration of Opposite Party No.2 to 4 as juvenile, they become

the juvenile in conflicts with law, under the provision charges

were framed, examination and cross-examination took place.

Stage of Section 313 of Cr.P.C. has also been crossed. It has also

been mentioned by counsel for the State that in the conclusion

portion during cross-examination there is a strong contradiction

in the evidences of witnesses and due to this contradiction the

Court could not reached on the conclusiveness and, as such, the

case failed.

Upon hearing the parties and after going through Patna High Court CR. REV. No.1074 of 2019 dt.15-03-2023

the provisions of Section 102 as well as Section 103 of Juvenile

Justice (Care & Protection of Children) Act, 2015, it transpires

to the Court that neither any question of legality nor any

question of propriety are involved in the present case. It is also

clear under Section 103(1) of the J.J. Act that every trial under

J.J. Act are amounts to trial of summons cases.

In this view of the matter, I found no merit in this

case, therefore, the present Cr. Revision Application stands

dismissed.

(Dr. Anshuman, J.) ritik/-

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