X- Juvenile v. State of U.P. and Another

Court No. -80 Case :-CRIMINAL REVISION No. -3783 of 2023 Revisionist :-X-Juvenile Opposite Party :-State of U.P. and Another Counsel for Revisionist :-Ashish Kumar Pandey Counsel for Opposite Party :-G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned A.G.A for the State and perused the record. The present criminal revision has been preferred by the revisionist through his mother under Section 102 of the Juvenile Justice (Care and Protection) Act-2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present revision and set aside the judgment and order dated 7.4.2023 passed by learned Addl. Session Judge/Special Judge (POSCO Act),Ghaziabad in Juvenile Appeal No.57 of 2023 as well as order dated 17.3.2023 passed by Juvenile Justice Board, Ghaziabad. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No.0863 of 2022, under Sections 307 and 324 IPC, Police Station Massori, District Ghaziabad. It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 16 years at the time of alleged incident and is languishing in Child Care Home since 8.12.2022 i.e more than two years. There is allegation of making assault with blade at neck and shoulder of the victim who was also aged about 16 years and went with the revisionist on a lonely place. In the medical examination incise wound was found on the person of the victim but the injury was not fatal to the life. The statement of the victim was recorded before the Investigating Officer under section 161 Cr.P.C in which she stated clearly that both of them went to Meerut express way underpass puliya where the present incident took place. Thereafter on account of some reason there arose dispute between both of them.It is also submitted that there is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court. The delinquent is in Juvenile Care Home since 21.3.2022 and his psychology is being affected adversely, therefore, requested to set aside the order passed by the learned J.J. Board as well as appellate court and allow the criminal revision. Learned A.G.A opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that the Juvenile Justice Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the orders without applying their judicial mind. In this way, there appears ground in this revision and the orders passed by the Juvenile Justice Board as well as learned appellate court are liable to be set aside. Accordingly, the orders passed by Juvenile Justice Board dated 17.3.2023 and the appellate court dated 7.4.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed. It is directed that delinquent/applicant be released on bail on executing personal bond by the revisionist (mother of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions:-

(i) The revisionist/mother will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the mother will ensure that the juvenile will not repeat the offence.

(ii) The revisionist/mother will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.

(iii) Juvenile and the revisionist/mother will report to the Probation Officer on the first Monday of every calendar month.

(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, concerned on such a periodical basis as the Juvenile Justice Board may determine. Order Date :- 30.11.2023 G.S High Court of Judicature at Allahabad