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Neutral Citation No. - 2025:AHC:136085 Reserved On:-04.08.2025 Delivered On:-12.08.2025 Case :- CRIMINAL REVISION No. - 1033 of 2024 Revisionist :- X- Minor Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Suneel Kumar Yadav Counsel for Opposite Party :- G.A.,Sanjay Kumar Srivastava Hon'ble Siddharth,J.
1. Heard Sri Suneel Kumar Yadav, learned counsel for the revisionist; Sri Ajay Kumar Jaiswal, Advocate, holding brief of Sri Sanjay Kumar Srivastava, learned counsel for opposite party no.2; learned AGA for the State and perused the material placed on record.
2. This criminal revision has been filed to set aside the judgment and order dated 21.09.2021 passed by Juvenile Justice Board, Azamgarh and order dated 01.12.2023 passed by Special Judge (POCSO Act), Azamgarh, in Criminal Appeal No. 62 of 2021 (State Vs. Ratan Pal @ Ranno) and in arising out of case crime no. 162 of 2016, under sections 302 IPC, Police Station- Atrauliya, District- Azamgarh.
3. The orders impugned have been assailed on the ground that the Juvenile Justice Board, Azamgarh, and the Special Judge, Azamgarh, have been passed making preliminary assessment of the revisionist under section 15 of the Juvenile Justice Board, only on the basis of questioning from him and without assistance of the psychologist which has been held to be mandatory provision by the Apex Court in the case of Barun Chandra Thakur Vs. Master Bholu and Another 2022 SCC OnLine SC 870 wherein the Apex Court has held that the word "may" used in the section shall be read as "shall" and "must".
4. In view of the above, impugned orders passed by the both courts below are hereby set aside.
5. The revision is allowed.
6. The matter is remanded to the Juvenile Justice Board to comply the mandatory provisions as per the judgment of the Apex Court cited hereinabove in accordance with law. Order Date :- 12.08.2025//Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad