CHILD IN CONFLICT WITH LAW JUVENILE P S/O RAJU v. STATE OF RAJASTHAN
CRLR/1972/2025 · 2025-12-15
Anand Sharma
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 44126 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44126 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:50407] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 1972/2025 Child In Conflict With Law Juvenile P S/o Raju, Aged About 17 Years, R/o Village Dundupura, Post Kheldi Gadasiya, Police Station Bayana, Tehsil Bayana, District Bharatpur, Raj. Presently Residing At Tenent-A-156, Saligrampura, Jda Colony, Mahal Road, Police Station Shivdaspura, Jaipur Raj. Through Natural Guardian Father Raju Kumar S/o Yadaram (At Present The Accused Is Confined In The Observation Home, Jaipur). ----Petitioner Versus
1. State of Rajasthan, Through Public Proseuctor, Jaipur
2. S.N.S., R/o 1/6/10, Dwarkapuri Apartment, Sector 26, Pratap Nagar Jaipur, Raj. ----Respondents For Petitioner(s) : Mr. Nikhil Saini For Respondent(s) : Mr. Vivek Sharma, PP Mr. Anant Sharma with Mr. Ashish Vyas for complainant HON'BLE MR. JUSTICE ANAND SHARMA
Order 15/12/2025
1. Juvenile-petitioner has preferred this revision petition through his father challenging the order dated 16.10.2025 passed by the learned Special Judge, Protection of Children from Sexual Offences Act, 2012 and Child Rights Protection Commission Act, 2005, No.3, Jaipur Metropolitan (First) Rajasthan (hereinafter referred to as the 'Appellate Court') in Criminal Appeal No.13/2025, CIS No.32/2025, whereby, learned Appellate Court while dismissing the appeal filed by the petitioner, upheld the
order dated 10.09.2025 passed by the Juvenile Justice Board, No.1, Jaipur Metropolitan (hereinafter referred to as the 'trial Court') arising out of the FIR No.352/2025 registered at Police
[2025:RJ-JP:50407] (2 of 3) [CRLR-1972/2025] Station Sanganer Sadar, District Jaipur City (South) for the offences punishable under Section 65(1) and 70(2) of BNS, 2023 and Section 5(g) and 6 of POCSO Act.
2.
Learned counsel for the petitioner submits that the petitioner and victim both are friends since adolescence and only on account of some confusion and disliking of father of the victim, FIR has been lodged against the petitioner. It is further submitted that the victim herself appeared before the learned Court below and submitted in writing that no incident as alleged in the FIR has taken place, which is also supported by affidavit of her father. It is submitted that the investigation from the petitioner has been completed and charge-sheet has been filed, therefore, he is no longer required for any custodial interrogation. Learned counsel further submits that the petitioner is behind the bars since
21.08.2025.
3.
Learned counsel appearing for the complainant submitted that only on account of hearsay and confusion, FIR has been lodged by father of the complainant, whereas no such incident has taken place. Complainant has got no objection in case, the petitioner is enlarged on bail.
4. Learned Public Prosecutor has opposed the revision petition filed by the accused- petitioner.
5. Heard learned counsel for the parties and perused the record.
6. In the light of the facts that the investigation is completed and charge-sheet has been filed and more particularly, the fact that the victim herself has submitted before the learned
[2025:RJ-JP:50407] (3 of 3) [CRLR-1972/2025] Court below that no incident as alleged in the FIR has ever occurred and her father has also given affidavit in this regard. In view of above facts where, trial is likely to take considerably long time, without expressing any opinion on the merits of the case, this Court deems it just and proper to allow the petition filed on behalf of the petitioner and the impugned orders dated 16.10.2025 and 10.09.2025 be quashed and set aside.
7. Accordingly, this criminal revision petition is allowed and the order dated 16.10.2025 passed by the learned Appellate Court in Criminal Appeal No.13/2025 as well as the order dated 10.09.2025 passed by the trial Court are quashed and set aside; and it is ordered that the Juvenile-'P' S/o 'Raju' shall be released on bail in the FIR No.352/2025 registered at Police Station Sanganer Sadar, District Jaipur City (South) upon furnishing a personal bond by his/her natural guardian (father 'Raju Kumar') in the sum of Rs.1,00,000/- along with two sureties of like amount to the satisfaction of the learned Juvenile Justice Board, No.1, Jaipur Metropolitan; with the stipulation that on all subsequent dates of hearing, he shall appear before the said Board or any other forum during pendency of the inquiry in the case and that his guardian shall keep proper look after of the delinquent child and secure him away from the company of known criminals.
(ANAND SHARMA),J DIVYA /10