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X Minor Thr. Father Natural Guardian vs State & Ors. on 17 April, 2012 cites

Krishan Kumar vs State Of Rajasthan And Ors on 9 August, 1991

Thus, in the present case, as informed, since the period of stay at special home has been reduced to the period undergone, it has to be for the reasons recorded in writing. The Petitioner being the aggrieved party has every right to know the said reasons and challenge the same. Further the reasons being justiciable are subject to review/ revision by a Superior Court. Relying upon Krishan Kumar Vs. State of Rajasthan & Ors. AIR 1992 SC 1789 it is contended that the legislature will not take away from one hand what it gave with the other. Thus, the principle of harmonious construction should be applied and the Rules relating to privacy and confidentiality cannot be used to make the right of appeal and revision nugatory. Further in case the Juvenile Justice Board has come to the conclusion that the juvenile in conflict with law has been found to have committed a lesser offence, then the Petitioner herein has a right to file a statutory appeal under Section 372 Cr.P.C. In any case, a revision against the propriety and legality of the order is maintainable before this Court. It is contended that the Act makes no distinction between providing of a final order or interim order. Though Crl.Rev.P. 356/2011 Page 4 of 17 orders on age determination are being provided by the learned Juvenile Justice Board, however the final judgments are not being provided to the victim and thus distinction is being made by the Juvenile Justice Boards, which distinction is not provided in the Act. Thus, the petition be allowed and the Juvenile Justice Board be directed to supply the Petitioner certified copy of the order dated 8th July, 2011 so that the Petitioner can avail of the legal remedies as per law.
Supreme Court of India Cites 20 - Cited by 39 - K N Singh - Full Document
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