Madras High Court
Sampath vs / on 21 June, 2023
Author: V. Sivagnanam
Bench: V.Sivagnanam
Crl.R.C.SR.No.12712 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 13.06.2023
PRONOUNCED ON : 21.06.2023
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.R.C.Sr.No.12712 of 2023
Sampath ... Petitioner
/vs/
The State represented by
The Sub- Inspector of Police,
Thalaivasal Police Station,
Salem ... Respondent
Prayer : Criminal Revision Case is filed under section 397 r/w. 401 of
Cr.P.C. to allow the revision by setting aside the conviction and sentence
imposed against the petitioner/accused passed by the learned Juvenile Justice
Board, Salem in J.C.No.100 of 2022 dated 25.11.2022.
For petitioner ... Mr. R.Sankarasubbu
For Respondent ... Mr.R. Vinothraja
Gov. Adv. (crl.side)
1/12
https://www.mhc.tn.gov.in/judis
Crl.R.C.SR.No.12712 of 2023
ORDER
The Crl.R.C.SR.No.12712 of 2023 is placed for maintainability.
2. The brief fact of the case is that the respondent police registered a case against the petitioner in Crime No.508 of 2022 for the offence under Section 379 of IPC. After filing of the charge sheet, the case was taken on file as J.C.No.100 of 2022 on the file of the Juvenile Justice Board, Salem. Thereafter, when the petitioner was questioned, he admitted his guilt. Recording the same, the Juvenile Justice Board convicted the petitioner under Section 379 of IPC and sentenced to undergo 3 years imprisonment to be detained in Juvenile Special Home at Chengalpet, by its order dated 25.11.2022. Challenging the same, the petitioner/accused filed the revision, in which, the Registry raised the question when appeal is maintainable under Section 101 of Juvenile Justice (Care and Protection of Children ) Act 2015, how the revision is maintainable.
3. The learned counsel for the petitioner submitted that though appeal is maintainable, the petitioner is now challenging the non-following of the procedure required under law and not providing free legal aid to the 2/12 https://www.mhc.tn.gov.in/judis Crl.R.C.SR.No.12712 of 2023 petitioner/accused person. Free legal aid in Criminal Trial is a fundamental right of an indigent accused person. The Juvenile Board only on accepting the plea of guilt, convicted the accused, which is unjust and illegal. Hence, Criminal Revision is maintainable and pleaded to take on file a criminal revision.
4. I have considered the submission made by the learned counsel for the petitioner and perused the materials available on records carefully.
5. On perusal of the records, it reveals that the respondent police registered the case as against the petitioner in Crime No.508 of 2022 for the offence under Section 379 of IPC and filed charge sheet before the Juvenile Justice Board, Salem and the same has been taken on file as J.C.No.100 of 2022.
6. The allegation against the petitioner is that on 19.07.2022, at about 11.45 p.m., the petitioner had stolen the defacto complainant's KTM Duke two wheeler bearing registration No.TN 30 CZ 9570. When the petitioner/accused was produced before the Juvenile Justice Board and questioning about the charge, he admitted his guilt. The Principal Magistrate, 3/12 https://www.mhc.tn.gov.in/judis Crl.R.C.SR.No.12712 of 2023 Juvenile Justice Board, by his order dated 25.11.2022, convicted the petitioner/accused, after considering the previous cases of the petitioner in Cr.No.746 of 2022 of Peelamedu Police Station ( U/s.379 IPC) , Cr.No.743 of 2022 of Peelamedu Police Station (u/s.379 IPC), Crime No.881 of 2021 of Peelamedu Police Station (U/s.379 of IPC), Cr.No.385 of 2022 of Virudhachalam Police Station ( U/s. 20(b)(ii) (A) 8(c) of NDPS Act) and Cr.No.7831 of 2021 of Shankar Nagar Police Station (U/s.379 IPC), and sentenced him to undergo 3 years imprisonment to be detained at Juvenile justice Board at Chengalpet and also directed to provide education to him.
7. I have gone through the provision under sections 101 and 102 of Juvenile Justice (Care and Protection of Children) Act, 2015. It runs as follows:
“ 101. Appeals – Subject to the provisions of this Act, any person aggrieved by an order made by the Committee or the Board under this Act may, within thirty days from the date of such order, prefer an appeal to the Children's Court, except for decisions by the Committee related to Foster Care and Sponsorship After care for which the appeal shall lie with the District Magistrate.
Provided that the Court of Sessions, or the 4/12 https://www.mhc.tn.gov.in/judis Crl.R.C.SR.No.12712 of 2023 District Magistrate, as the case may be, may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time and such appeal shall be decided within a period of thirty days.
(2) An appeal shall lie against an order of the Board passed after making the preliminary assessment into a heinous offence under Section 15 of the Act, before the Court of Sessions and the Court may, while deciding the appeal, take the assistance of experienced psychologists and medical specialists other than those whose assistance has been obtained by the Board in passing the order under the said section.
(3) No appeal shall lie from,-
(a) any order of acquittal made by the Board in respect of a child alleged to have committed an offence other than the heinous offence by a child who has completed or is above the age of sixteen years; or
(b) any order made by a committee in respect of finding that a person is not a child in need of care and protection.
(4) No second appeal shall lie from any 5/12 https://www.mhc.tn.gov.in/judis Crl.R.C.SR.No.12712 of 2023 order of the Court of session, passed in appeal under this section.
(5) Any person aggrieved by an order of the Children's Court may file an appeal before the High Court in accordance with the procedure specified in the Code of Criminal Procedure, 1973 This clause provides that subject to the provisions of this Act, any person aggrieved by an order made by the Committee or the Board under this Act may, within thirty days from the date of such order, prefer an appeal to the Court of Session, except for decisions by the Committee related to Foster Care and Sponsorship. After care, for which the appeal shall lie with the District Magistrate. It is clarified that the Court of Sessions, or the District Magistrate,may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time and such appeal shall be decided within period of thirty days.
No appeal shall lie from,-
(a) any order of acquittal made by the Board in respect of a child alleged to have committed an offence; or 6/12 https://www.mhc.tn.gov.in/judis Crl.R.C.SR.No.12712 of 2023
(b) any order made by a Committee in respect of finding that a person is not a child in need of care and protection.
Further, no second appeal shall lie from any order of the Court of Session, passed in appeal under this clause and any person aggrieved by an order of the Children's Court may file an appeal before the High Court in accordance with the procedure specified in the Code of Criminal Procedure, 1973.
102. Revision – The High Court may, at any time, either on its own motion or on an application received in this behalf, call for the record of any proceeding in which any committee or Board or Children's Court, or Court has passed an order, for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit:
Provided that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.
This clause provides that the High Court may, at any time, either of its own motion or on an application received in this behalf, call for the 7/12 https://www.mhc.tn.gov.in/judis Crl.R.C.SR.No.12712 of 2023 record of any proceeding in which any Committee or Board or Children's Court or Court has passed an order, for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit. It is clarified that the High Court shall not pass an order under this Section prejudicial to any person without giving him a reasonable opportunity of being heard.”
8. On reading of provision 101 of Juvenile Justice (Care and Protection of Children) Act, 2015, it is clear that the appeal will lie against an order of Board within a period of 30 days from the date of such order. Further it is also clear the appeal may be entertained after expiry of such period of 30 days if it is satisfied by the appellant. When the appellant was provided by sufficient cause for filing the appeal in time, such appeal will be decided within a period of 30 days. Therefore, in view of section 401 of Cr.P.C., this revision is not maintainable before this Court. Section 401 of Cr.P.C. runs as follows : :
“ 401. High Court's powers of revision -(11) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its 8/12 https://www.mhc.tn.gov.in/judis Crl.R.C.SR.No.12712 of 2023 knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of appeal by Section 386, 3100, 390 and 391 or on a Court of Session by Section 307 and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by Section 392.
(2) No order under this Section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.
(3) Nothing in this Section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.
(4) Where under this code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.
(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied 9/12 https://www.mhc.tn.gov.in/judis Crl.R.C.SR.No.12712 of 2023 that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
“
9. In view of Section 101 of Juvenile Justice(Care and Protection of Children) Act 2015 and Section 401 of Cr.P.C, this Criminal Revision is not maintainable before this Court. Therefore, this Court could not accept the contentions of the learned counsel for the petitioner and the argument of the learned counsel has no merits.
10. Hence, this Criminal Revision Case is dismissed as not maintainable at the SR stage itself.
21.06.2023 mrp Note : Registry is directed to return the impugned order to the petitioner To
1. The Principal Magistrate, Juvenile Justice Board, 10/12 https://www.mhc.tn.gov.in/judis Crl.R.C.SR.No.12712 of 2023 Salem.
2. The Sub- Inspector of Police, Thalaivasal Police Station, Salem
3. The Public Prosecutor, High Court, Madras.
V. SIVAGNANAM, J.
mrp Pre-delivery order in Crl.R.C.SR No.12712 of 2023 11/12 https://www.mhc.tn.gov.in/judis Crl.R.C.SR.No.12712 of 2023 21.06.2023 12/12 https://www.mhc.tn.gov.in/judis