Madhya Pradesh High Court
Child Under Conflict With Law vs The State Of Madhya Pradesh on 6 November, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:55685
1 CRR-4748-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY
ON THE 6 th OF NOVEMBER, 2025
CRIMINAL REVISION No. 4748 of 2025
CHILD UNDER CONFLICT WITH LAW
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vijay Kumar Shrivastava and Ms. Vandana Dubey- Advocate for
the petitioner.
Shri Somesh Gupta- Panel Lawyer for respondent/State.
ORDER
In compliance of the court order dated 16.10.2025, the social investigation report has been received along with the case diary.
2. This criminal revision under Section 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (for brevity 'the Act of 2015') has been filed by the petitioner/Child under conflict with law against the order dated 04.09.2025 passed by the Special Judge, Raisen, whereby the learned Appellate Court has dismissed the appeal filed under Section 101 of the Act, 2015 and affirmed the order dated 03.09.2025 passed by the Principal Judge, Juvenile Justice Board, Raisen, wherein the application filed under Section 12 of the Act, 2015 for custody of the child in conflict was dismissed.
3. As per the prosecution case, Crime No.447/2025 for the offences punishable under Sections 351(2), 3(5) of BNS, Sections 5L/6, 5M/6, 5G/6, Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 06-11-2025 17:28:15 NEUTRAL CITATION NO. 2025:MPHC-JBP:55685 2 CRR-4748-2025 11V/12, 16/17 of POCSO Act and Section 67B of I.T. Act has been registered against the petitioner and others for committing the alleged offence. The petitioner and co-child were produced before the concerned Principal Magistrate, Juvenile Justice Board, Raisen. The learned Magistrate vide order dated 03.09.2025 rejected the application filed under Section 12 of the Act, 2015. The petitioner preferred an appeal against the said order dated 03.09.2025 before the Special Judge, Raisen. The learned appellate Court vide impugned order dated 04.09.2025 considering the moral, physical and psychological affects and apprehension of association with known criminals, dismissed the appeal. Hence this revision.
4. Learned counsel for the petitioner has submitted that the findings of the learned appellate Court are based on assumptions and presumptions rather than on cogent legal reasoning, which are contrary to the statutory protection under Section 12 of the Act, 2015. It is further submitted that social investigation report suggests nothing but reflects social economic environment where the petitioner was born.
5. On the other hand, learned counsel for the State has opposed the prayer of the petitioner on the ground that there are clear allegations of commission of alleged offence along with co-child. Therefore, learned Appellate Court has not committed any illegality in passing the impugned order and in keeping the juvenile in Child Reformation Center. Under these circumstances, it is prayed that this revision be dismissed.
6. Heard the learned counsel for the parties and perused the record.
7. The social investigation report submitted by the Probation Officer, Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 06-11-2025 17:28:15 NEUTRAL CITATION NO. 2025:MPHC-JBP:55685 3 CRR-4748-2025 Raisen reveals that surrounding social conditions are prima facie responsible for rendering the petitioner under the circumstances where he came in association with other persons involving in unlawful activities. Looking to the mental status and the activities of the present petitioner, reformative course may be adopted in the interest of petitioner. Irrespective of the nature of the alleged offence, it appears from the record that release of the petitioner will not certainly bring him into association with known criminals. There will be no moral or psychological danger to him and there are chances to restore him back with stream of the society.
8. Under the facts and circumstances of the case, in the considered opinion of this Court, ends of justice would be served if the petitioner be released on bail and sent to custody of his guardian.
9. Accordingly, the present criminal revision is allowed and the impugned judgment dated 04.09.2025 is hereby set aside and it is directed that the present petitioner shall be released on bail and handed over to the custody of his guardian on furnishing a personal bond of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the Juvenile Justice Board, Raisen, subject to the condition that the Guardian of the juvenile shall keep watch over him during the period of his release and keep him present on each and every date of appearance before the Juvenile Justice Board and shall not allow the minor to come into association with any known/unknown criminals and further ensure that his release shall not defeat the ends of justice in any manner.
10. It is further directed that Probation Officer shall periodically keep Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 06-11-2025 17:28:15 NEUTRAL CITATION NO. 2025:MPHC-JBP:55685 4 CRR-4748-2025 vigilance over the child conflicted with law and observe his activities and in the event of any adversity noticed by him, he shall inform the Juvenile Justice Board and the Board, after due enquiry, if the activities of the petitioner are found adverse to law, may send him to Child Reformation Center and in such condition, this order regarding granting of child custody shall stand automatically cancelled without further reference to this Court.
11. Resultantly, this criminal revision stands allowed and disposed of in the manner indicated herein-above, thereby setting aside the impugned orders.
(RAMKUMAR CHOUBEY) JUDGE SS Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 06-11-2025 17:28:15