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2025 DAILYLAW 9142 (ALL)

JUVENILE X v. STATE OF U.P. AND ANOTHER

CRLR/283/2025 · 2025-09-15

Siddharth

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 283 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. Heard Ms. Aarushi Khare, learned counsel for the revisionist and learned A.G.A for the State. Despite service of notice on opposite party no. 2 but no one has put in appearance on his behalf to oppose this revision. The present criminal revision has been preferred against the impugned order dated 15.10.2024 passed by Juvenile Justice Board, Deoria in Misc. Case No. 23 of 2024 (State vs. S through his Guardian-Brahma Gaud) under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015, arising out of Case Crime No. 112 of 2022, under Sections- 354, 452, 376, 506 IPC, P.S.- Bariyarpur, District- Deoria. Learned counsel for the revisionist submits that at the time of incident dated 9th June, 2022, the revisionist was found to be aged about 17 years, 05 months and 08 days. His preliminary assessment under Section 15 of the Juvenile Justice Board, Deoria, was conducted on 02.08.2024. Therefore, the preliminary assessment was clearly barred by period of three months provided under Section 14(3) of the Act, even if the extension of two months provided under Section 14(4), only proviso of the Act by the order of C.J.M., Deoria, was not obtained. Therefore, the preliminary assessment of juvenile- revisionist was barred by law. At the time of preliminary assessment, he had attained the age of 19 years and 5 months and therefore the psychological assessment was not as per the intention of legislature. Versus Counsel for Revisionist(s) : Aarushi Khare, Ishan Khare Counsel for Opposite Party(s) : G.A. Juvenile X .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) In view of the above, the order passed by the Juvenile Justice Board, Deoria is hereby quashed. The criminal revision stands allowed. The revisionist shall be tried as juvenile. Let the lower court record be returned back to the trial court within a week. September 16, 2025 Rohit CRLR No. 283 of 2025 2 (Siddharth,J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad