HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5573 of 2024 Court No. - 47 HON'BLE SIDDHARTH, J. Heard learned counsel for the revisionist and learned A.G.A for the State. The present criminal revision has been preferred against the impugned judgment and order dated 20.09.2024 passed by Children's Court / Additional District and Session Judge / Special Judge (POCSO Act) Unique, Jaunpur, in Criminal Appeal No. 57 of 2024 ('Ka' Juvenile Vs. State of U.P and Another), under Section 101 of the Juvenile Justice Act 2015 as well as order dated 06.01.2024 passed by the Juvenile Justice Board, Jaunpur in Misc. Case No. 119 of 2023 (State vs. Nilesh Kumar), under Section 15 of the Juvenile Justice Act, 2015, arising out of Case Crime No. 75 of 2023, under Sections- 147, 323, 504, 506, 304 IPC, Police Station- Sikrara, District- Jaunpur. Learned counsel for the revisionist submits that by order dated 20.03.2024, the Juvenile Justice Board has made preliminary assessment regarding the physical and mental capacity of the revisionist to commit the heinous offence solely on the basis of the questions put to him in the answers received from him. It is further submitted that no assistance of any psychologist, social worker, or expert was taken while making such assessment. The order of Juvenile Justice Board has been affirmed by Children's Court. In view of the judgment of the Apex Court in the case of Barun Chandra Thakur vs Master Bholu and Another, 2022(10) SCALE 120 the impugned order passed by the Children's Court is not in accordance with law. Versus Counsel for Revisionist(s) : Jyotir Bhushan Singh Counsel for Opposite Party(s) : G.A. Ka Juvenile .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) In light of the aforesaid judgment of the Hon'ble Apex Court, both the orders are hereby quashed. It is further observed that since the incident relates to the year 2023, the direction for conducting preliminary assessment of the accused under Section 15 of the Act cannot be passed, as Section 14(3) of the Act provides a maximum period of three months for completion of preliminary assessment and a further extended period of two months only with the permission of the Chief Judicial Magistrate. In view of the above consideration, the impugned orders are set aside. The criminal revision stands allowed. The revisionist shall be tried as juvenile by the Juvenile Justice Board. Let the record be returned to the trial court forthwith. September 9, 2025 Rohit CRLR No. 5573 of 2024 2 (Siddharth,J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad