Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:41516
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 182 of 2020 1 - Ku. Pooja Yadav D/o Ramavtaar Yadav Aged About 14 Years Minor Through Legal Guardian Father Ramavtaar Yadav, R/o Village Lalaiya, P.S.
Kamleshwarpur,
District
Surguja
Chhattisgarh 2 - Ku. Chandreshwari Yadav D/o Mahaveer Yadav Aged About 14 Years Minor Through Legal Guardian Father Mahaveer Yadav, R/o Village Lalaiya, P.S. Kamleshwarpur, District Surguja Chhattisgarh
... Appellants versus 1 - Ravishankar Yadav Son Of Shri Ramadhar Yadav Aged About 17 Years Minor Through Their Legal Guardian Father Shri Ramadhar Yadav, R/o Kedarpur, Near Mission Chowk Ambikapur, Police Station And Tahsil Ambikapur, District Surguja Chhattisgarh 2 - Sulendra Yadav Son Of Shri Ramadhar Yadav Aged About 16 Years Minor Through Their Legal Guardian Father Shri Ramadhar Yadav, R/o Kedarpur, Near Mission Chowk Ambikapur, Police Station And Tahsil Ambikapur, District Surguja Chhattisgarh 3 - State Of Chhattisgarh Through Police Station Kamleshwarpur, District Surguja Chhattisgarh PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.08.19 15:10:17 +0530
2
... Respondents For Appellants : None For Respondent/State : Mr. S.K. Puriya, PL Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 18/08/2025
1. On 06.08.2025, no one appeared on behalf of the appellants and even today, none appears on their behalf. 2. At the outset, learned counsel for the State submits that the appellants/complainants have directly filed this Appeal before the High Court though there is an explicit provision under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, ‘the Act, 2015’) which stipulates that any person aggrieved by an order made by the committee or the Board under the Act, 2015 may, within 30 days from the date of such order, prefer an Appeal before the Children’s Court and its proviso further enables that the Court of Sessions may entertain the Appeal after the expiry of the said period of 30 days, if it is satisfied that the appellant was prevented by sufficient cause from filing the Appeal in time and only a person aggrieved by an order of Children’s Court may file an appeal before the High Court under Section 101(5) of the Act, 2015, therefore, he submits that the Appeal in the present form is not maintainable. 3.
3. Having considered the submission of learned counsel for the State and in light of provision of Section 101 of the Act, 2015 and that this Appeal has been filed directly before this Court, this Court is of the opinion that this Appeal is
3 not maintainable, however, the liberty is reserved in favour of the appellants/complainants to file a better constituted petition in accordance with law before the appropriate forum, if so advised. 4. With the aforesaid observations, this Appeal is disposed of. 5. Registry shall inform the counsel for the appellants to obtain the certified copy of the impugned judgment as per Rules and in turn, the said counsel shall send the same to the appellants/complainants so that they may file the appeal before the competent Court in accordance with law, if so advised. Sd/-
(Deepak Kumar Tiwari) Judge Priyanka