Extracted from the PDF above. The PDF is authoritative.
15.07.2026 Sl. 2 AMR Ct.No. 237 CRR 803 of 2025
Alok Patra Vs. The State of West Bengal & Anr. Mr. Suhotro Palit Mr. Akash Kumar Chakraborty
… for the Petitioner
Mr. Subir Ganguly Mr. Sandeep Prasad Shaw
…for the State
It appears that Junput Coastal Police Station Case No. 68 of 2018 dated 16.10.2018 was registered under Sections 302 and 201 of the Indian Penal Code. There are two accused persons in the said case. Opposite Party No. 2, being one of the accused persons, was produced before the Juvenile Justice Board, Purba Medinipur, for inquiry. By an order dated 15 March 2021, the Juvenile Justice Board determined that Opposite Party No. 2 was aged about 16 years, 9 months, and 25 days on the date of the alleged offence. The Board conducted the preliminary assessment as contemplated under the Juvenile Justice (Care and Protection of Children) Act, 2015, and concluded that Opposite Party No. 2 should be tried by the Children's Court. 2 The other accused person is being tried by the learned Additional District Judge, 2nd Court, Contai, in Sessions Case No. 193 of 2019. The petitioner in the present application is the de facto complainant as well as the father of the victim. The petitioner contends that Opposite Party No. 2 ought to be tried analogously with the other accused in Sessions Case No. 193 of 2019 in order to avoid the possibility of conflicting findings. It appears that, by the impugned order dated 22 April 2024, the learned Additional District Judge, 1st Court, Contai, which has also been designated as the Children's Court, rejected the petitioner's prayer for an analogous trial. This Court finds no reason to interfere with the impugned order dated 22 April 2024. In terms of Section 18(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015, and pursuant to the order dated 15 March 2021 passed by the learned Juvenile Justice Board, the case was rightly transferred to the Children's Court for trial. Once such a reference has been made under Section 18(3) of the Act, the child in conflict with law is required to be tried by the Children's Court. Accordingly, there was no scope for directing an analogous trial of Opposite Party No. 2 along with the adult co-accused in Sessions Case No. 193 of 2019.
3 In view of the above, CRR 803 of 2025 stands dismissed. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)