Madhya Pradesh High Court
Al Child Conflict In Law vs The State Of Madhya Pradesh on 12 August, 2024
Author: Anuradha Shukla
Bench: Anuradha Shukla
1 CRR-3756-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANURADHA SHUKLA
ON THE 12th OF AUGUST, 2024
CRIMINAL REVISION No. 3756 of 2024
A CHILD CONFLICT IN LAW
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Saurabh Singh Thakur - Advocate for applicant.
Smt. Vineeta Sharma - Panel Lawyer for respondent/State.
ORDER
1. This criminal revision has been preferred to challenge the judgment passed by Children Court/Third Additional Sessions Judge, Umariya on 22.07.2024 in Cr.A. No.31/2024. Under this judgment, the Court below dismissed the appeal and upheld the order of Principal Magistrate, Juvenile Justice Board, District Umaria dated 05.06.2024 delivered in Crime No.292/2024 registered in Police Station Kotwali, Umaria.
2. The FIR that was registered in Police Station Kotwali District Umaria against applicant was about the commission of offence of Section 294, 323, 506 and 327 read with 34 of IPC. An application was filed by the mother of applicant to obtain the custody of juvenile in conflict with law; said application was objected to by the prosecution; the Principal Magistrate, Juvenile Justice Board called for the report of probationary officer and after considering it the Board dismissed the application for custody citing the reason that the applicant was in company of criminals and his father and Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 8/14/2024 6:55:26 PM 2 CRR-3756-2024 brother also have criminal antecedents; applicant was also shown to have three criminal cases registered against him. The Principal Magistrate thus observed that the parents/guardians of applicant were not having any effective control over him, dismissed the application. The appeal preferred by applicant before Third Additional Sessions Judge and Children Court Umaria was also dismissed under the impugned order.
3. The grounds raised in this criminal revision are that the brother of applicant lives separately with his own family and the father of child has suffered injury in the month of November, 2023; the mother of applicant is also in poor health and in these conditions, he had to drop out from the school. A request is, therefore, made to set aside the impugned orders and allow the custody of juvenile applicant to her mother.
4. The State has opposed this revision petition.
5. Both the parties have been heard and the record filed alongwith the petition has been perused.
6. The Court below had dismissed the application for custody in the light of report of probationary officer, which was earlier not annexed with the case, therefore, this Court directed that report be submitted. The same has been received.
7. The report prepared by the probationary officer reveals that the applicant helps in house hold work and also in farming; in 2023 he went to Maharashtra to work as an apprentice in a company manufacturing spare- parts. These facts reveal that he is a responsible person and application to give him in the custody of his mother was dismissed simply for the reason of Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 8/14/2024 6:55:26 PM 3 CRR-3756-2024 criminal antecedents. The information about these criminal antecedents were obtained from the police while Section 74 of Juvenile Justice (Care and Protection of Children) Act, 2015 bars any such information. The criminal antecedents of the father and the brother of juvenile were also not relevant to decide the application/appeal as they were not claiming the custody of juvenile.
8. Accordingly, this criminal revision is allowed.
9. It is directed that if mother/guardian of applicant furnishes a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) before the Juvenile Justice Board, Umaria along with her supurdginama of the same amount on the conditions to the satisfaction of the Juvenile Justice Board, then the juvenile/applicant be given into the custody of his mother.
10. A copy of the order be sent to both the Courts below for information and compliance.
(ANURADHA SHUKLA) JUDGE rv Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 8/14/2024 6:55:26 PM