Gujarat High Court
Navinbhai Bijalbhai Dharmani(Dalit) vs State Of Gujarat on 4 April, 2019
Author: V. P. Patel
Bench: V.P. Patel
R/CR.RA/374/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 374 of 2019
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NAVINBHAI BIJALBHAI DHARMANI(DALIT)
Versus
STATE OF GUJARAT
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Appearance:
TIRTH N BHATT(8487) for the Applicant(s) No. 1
MR KL PANDYA, ADDL PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE V.P. PATEL
Date : 04/04/2019
ORAL ORDER
Draft amendment is allowed as prayed for, which is to be carried out forthwith.
Leave to amend paragraph 7(B) and (C) of the prayer clause. Heard learned advocate for the applicant. It is submitted that preliminary assessment is required to be carried out within a period of 3 months from the date of the first production of the child in conflict with law before the concerned Court. In this case, preliminary assessment was not carried out by the Juvenile Justice Board not within stipulated period but after one year and three months. Such situation will prejudice the right of child in conflict with law. Therefore, matter requires consideration.
Rule returnable on 16.04.2019. Learned APP waives service of notice of rule on behalf of respondent - State.
Considering the substantial question of law involved in the matter, further proceedings of Special POCSO Case No.27 of 2017 pending in the Court of learned Special POCSO Judge and 3rd Additional Sessions Judge, Deesa is stayed till further orders.
Direct service is permitted.
(V. P. PATEL,J) DRASHTI K. SHUKLA Page 1 of 1