Neutral Citation No. - 2025:AHC:142253 Reserved on 29.07.2025 Delivered on 20.08.2025 Case :- CRIMINAL REVISION No. - 238 of 2024 Revisionist :- X Minor Opposite Party :- State Of Up Others Counsel for Revisionist :- Sanjay Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard Sri Sanjay Verma, learned counsel for the applicant; learned AGA for the State and perused the material placed on record. The present criminal revision has been preferred to quash the order dated 09.11.2023 passed by Additional Session Judge, Court no.22 / Additional Special Judge (POCSO) Act), Kanpur Nagar in Juvenile Criminal Appeal No.1188 of 2023(CNR No.UPKN01 007349 2023) and the order dated 20.10.2022 passed by the Principal Judge, Juvenile Justice Board, Kanpur Nagar in Case Crime No.20 of 2020, Under Sections 8, 18, 29 of Narcotics Drugs &, Police Station N.C.B, District Kanpur Nagar on the ground that as per Section 14(3) of the Juvenile Justice (Case and Protection of Children) ACT, 2015, preliminary assessment in case of heinous offences under Section 15 of the Act shall be disposed by the Board within a period of three months from the date of first production of the child before the Board. Learned counsel for the revisionist has submitted that revisionist was produced before the Board on 25.07.2020 and as per Section 14(3) of the Act should have been completed by 25.10.2020 but his psychological examination took place on 23.06.2022 wherein only questions were put to revisionist and he replied to the same. Psychological test took place about 22 months and 28 days to the first production of the revisionist before the Board at the time of his age was 19 years, 2 months and 5 days. It has further been submitted that the Appellate Court has not consider this argument and has only held since the offence alleged is a heinous offence the revisionist is required to be tried as an adult as per Section 18(3) of the Act. Learned counsel for the State has opposed the submission but could not dispute the legal position of this case. Before considering rival submissions Section 14 of the Act is quoted below for ready reference: " Section 14 :Inquiry by Board regarding child in conflict with law. (1) Where a child alleged to be in conflict with law is produced before Board, the Board shall hold an inquiry in accordance with the provisions of this Act and may pass such orders in relation to such child as it deems fit under sections 17 and 18 of this Act. (2) The inquiry under this section shall be completed within a period of four months from the date of first production of the child before the Board, unless the period is extended, for a maximum period of two more months by the Board, having regard to the circumstances of the case and after recording the reasons in writing for such extension. (3) A preliminary assessment in case of heinous offences under section 15 shall be disposed of by the Board within a period of three months from the date of first production of the child before the Board. (4) If inquiry by the Board under sub-section (2) for petty offences remains inconclusive even after the extended period, the proceedings shall stand terminated: Provided that for serious or heinous offences, in case the Board requires further extension of time for completion of inquiry, the same shall be granted by the Chief Judicial Magistrate or, as the case may be, the Chief Metropolitan Magistrate, for reasons to be recorded in writing. (5) The Board shall take the following steps to ensure fair and speedy inquiry, namely:— (a) at the time of initiating the inquiry, the Board shall satisfy itself that the child in conflict with law has not been subjected to any ill-treatment by the police or by any other person, including a lawyer or probation officer and take corrective steps in case of such ill-treatment; (b) in all cases under the Act, the proceedings shall be conducted in simple manner as possible and care shall be taken to ensure that the child, against whom the proceedings have been instituted, is given child-friendly atmosphere during the proceedings; (c) every child brought before the Board shall be given the opportunity of being heard and participate in the inquiry; (d) cases of petty offences, shall be disposed of by the Board through summary proceedings, as per the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974); (e) inquiry of serious offences shall be disposed of by the Board, by following the procedure, for trial in summons cases under the Code of Criminal Procedure, 1973 (2 of 1974); (f) inquiry of heinous offences,— (i) for child below the age of sixteen years as on the date of commission of an offence shall be disposed of by the Board under clause (e); (ii) for child above the age of sixteen years as on the date of commission of an offence shall be dealt with in the manner prescribed under section 15." From perusal of Section 14(3) of the Act that a preliminary assessment in case of heinous offence under Section 15 shall be dispose by the Board within three months from the date of production of child before the Board. In the present case it is not disputed that the child was produced before the Board 25.07.2020 but his preliminary assessment has per Section 15 was made on 23.06.2022 after above 23 months from the date of production before the Board hence impugned orders are not in accordance with law and hereby set aside. The revision is allowed. Revisionist is directed to be tried as juvenile by the Juvenile Justice Board. Order Date :- 20.8.2025 SS Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad