MADHAV S/O. AVDHUTRAO JAYATPAL v. THE STATE OF MAHARASHTRA AND OTHERS
REVN/5/2020 · 2026-08-31
Transfer Petitionbody2020
DailyLaw.ai
[ 2020 DAILYLAW 1821 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2020 DAILYLAW 1821 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
5.20revn (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL REVISION APPLICATION NO.5 OF 2020 Madhav s/o Avdhutrao Jayatpal, Age: 30 years, Occu: Agril., R/o Awalgaon, Tq. Sonpeth, Dist. Parbhani ….APPLICANT VERSUS The State of Maharashtra, Through the Police Station Officer, Police Station, Sonpeth, Tq. Sonpeth, Dist. Parbhani and others ….RESPONDENTS ….. Mr Mahesh P. Kale, Advocate for Applicant Mr C. V. Bhadane, APP for Respondent No.1/State Ms Gayatri S. Kalve, Advocate h/f Mr M. V. Ghatge, Advocate for Respondent Nos.2 to 5 …..
CORAM : SUSHIL M. GHODESWAR, J.
DATE : 31st AUGUST 2026 P. C. :
1. Heard Mr Kale, learned Advocate for the applicant, learned APP Mr Bhadane for respondent No.1/State and learned Advocate Ms Kalve holding for Advocate Mr Ghatge for respondent Nos.2 to 5.
2. The applicant (original complainant) is challenging the impugned order below Exh.1, dated 27/11/2019, passed by the learned 2026:BHC-AUG:40206
5.20revn (2) Principal Magistrate, Juvenile Justice Board, Parbhani, in Juvenile Case No.149/2018. By the said impugned order, the learned Juvenile Justice Board, Parbhani, was pleased to dispose of and close the proceedings before it, by releasing the juvenile in conflict with law.
3. The present applicant is the original complainant. On 25/01/2018, he had filed a complaint with respondent No.1/Police Authority, alleging that, on 24/01/2018 at about 20:30 to 21:00 hours, the accused mentioned in the complaint, in furtherance of the common intention, entered in the field of applicant/complainant and uprooted the cotton crop causing him a loss of Rs.3,000/- and further committed illegal trespass into his field by erecting huts made of gunny bags. On the basis of said complaint, offence bearing Crime No.10/2018 came to be registered on 25/01/2018 against the accused/juvenile in conflict with law for the offence punishable under Sections 447 and 427 read with Section 34 of Indian Penal Code.
4. The investigation was carried out, the statements of witnesses were recorded, and spot panchanama was prepared. After completion of investigation, charge-sheet came to be filed against the juvenile in conflict with law, before the Juvenile Justice Board, Parbhani, which is registered as J.C. No.149/2018.
5.20revn (3)
5. Learned Advocate for applicant submits that the impugned order passed by the learned Juvenile Justice Board is against principle of law and based on illegal presumption without considering the facts on record. He submits that without securing appearance of juvenile in conflict with law, the learned Juvenile Justice Board
disposed the matter and has committed a grave error in releasing the juvenile in conflict with law. He, therefore, prays for allowing this revision application.
6. Per contra, learned advocate for respondent Nos.2 to 5 opposes the application vehemently. He submits that the Juvenile Justice Board has rightly passed the order of releasing respondents. He, therefore, prays for dismissal of this revision application.
7. After hearing the submissions of the learned Advocates for the respective parties and after carefully perusing the aforesaid impugned order, this Court finds that the learned Principal Magistrate, Juvenile Justice Board, Parbhani, vide his impugned order dated 27/11/2019, was pleased to observe that the offence is registered in the year 2018, and since then, the case is pending before the Juvenile Justice Board for appearance. It was also observed that though process was issued on a number of occasions, the child in conflict with law
5.20revn (4) remained absent and, the thus, the prosecution failed to secure their presence. While relying on Section 14(4) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short “the Act”), the learned Juvenile Justice Board observed that, if the inquiry by the Board under sub-section (2) for petty offences remains inconclusive even after the extended period, the proceedings shall stand terminated. It was further observed that the offence alleged against child in conflict with law, is a petty offence and the case is pending since near about one year. By observing that the period of four months as per Section 14(2) of the Act is already over and the inquiry is not completed even in the extended period. By considering the age and stage of the matter, the learned Juvenile Justice Board observed that, no purpose will be served by keeping the matter pending for another years together. Hence, the Juvenile Justice Board disposed of the matter, thereby releasing the juvenile in conflict with law.
8. In view of above, this Court finds that, since the matter pertains to the year 2018, and despite the extended period, inquiry could not be completed, by taking recourse to the provisions of Section 14(2) of the Act, the learned Juvenile Justice Board has rightly
disposed of the matter, thereby releasing the juvenile in conflict with law. Since the offence registered against the juvenile in conflict with
5.20revn (5) law is a petty offence, and despite being granted sufficient opportunities, the prosecution failed to secure the presence, in my opinion, no purpose would be served by keeping the proceedings pending, and the inquiry deserves to be terminated. Consequently, I find no substance in the arguments advanced by the learned counsel for the applicant and the Juvenile Justice Board has rightly taken a decision to dispose of the matter by releasing the juvenile in conflict with law.
9. The scope of a revision is highly limited and is to examine the the illegality, propriety or correctness of the orders passed by the Inferior Courts. I find no error of law or perversity in the order disposing of the matter by the Juvenile Justice Board, and hence, I decline to exercise revisional jurisdiction under Section 397 of Code of Criminal Procedure. Moreover, the matter pertains to the year 2018 and now it would be inappropriate to reopen the proceedings, especially when the parties have long since settled into their respective lives. Consequently, the instant criminal revision application is dismissed.
[SUSHIL M. GHODESWAR, J.] sjk