[2026:RJ-JP:31223] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6191/2025 CNR: RJHC020822122025 | URN: CRLMP / 14372U / 2025 Ashok Kumar S/o Kedarnath, Aged About 43 Years, R/o Ward No. 2, In Front Of Raj Hospital, Singhana, Buhana, District Jhunjhunu (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Seema Devi W/o Rajesh Kumar, Rio Ward No. 2 Singhana, Jhunjhunu, Rajasthan. 3. Sehdev Singh S/o Mamchand, R/o Deroli Ahir, Disrict Mahendragarh ( Haryana). 4. Arvind S/o Umrao Singh, R/o Deroli Ahir, District Mahendragarh (Haryana) 5. Dheeraj Allas Chintu S/o Satish Kumar, Rio Kosli, District Mahendragarh (Haryana) 6. Aman Alias Golu S/o Narendra, Sector 18, Dwarka, New Delhi. ----Respondents For Petitioner(s) : Mr. Ravi Jangir For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/08/2026 1. Learned counsel for the petitioner submits that the learned Juvenile Justice Board has erroneously rejected the application filed by the petitioner under Section 319 Cr.P.C., seeking summoning of other persons as additional accused, on the premise that the Juvenile Justice Board has no power and jurisdiction to entertain an application filed under Section 319 [2026:RJ-JP:31223] (2 of 2) [CRLMP-6191/2025] Cr.P.C., for summoning the additional accused, like the other Magistrate, and issue summon to them, even if that person is not a juvenile. Learned counsel has placed reliance upon the reference answer passed by the Hon’ble Division Bench of the Punjab & Haryana High Court wherein it has been opined that the only prohibition for a Juvenile Justice Board is that it cannot charge and try a juvenile for an offence together with a person who is not a juvenile. It has further been opined that such prohibition does not debar Juvenile Justice Board from taking cognizance and summoning a person against whom some incriminating evidence comes during the trial. It has also been held that Juvenile Justice Board is empowered under Section 18(2) of the Juvenile Justice Act to separate their trial and send the other person, who is not a juvenile, to the Court of competent jurisdiction for trial. 2. In view of the aforesaid submissions, the present petition is allowed. The impugned order dated 06.08.2025 is hereby quashed and set aside. The matter is remanded to the Juvenile Justice Board, Jhunjhunu, with a direction to re-consider the application (Annexure-3) filed under Section 319 Cr.P.C., on merits, in accordance with law. 3. It is expected from the learned Juvenile Justice Board, Jhunjhunu that the said application shall be decided within a period of two weeks from the date of receipt of a certified copy of the order. (ANIL KUMAR UPMAN),J GAUTAM JAIN/9