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2013 Supreme(SC) 764

P. SATHASIVAM, RANJANA PRAKASH DESAI, RANJAN GOGOI
Dr. Subramanian Swamy – Appellant
Versus
Raju, Through Member, Juvenile Justice Board – Respondent


Judgment :-

Ranjan Gogoi, J.

1. Should the adjudication sought for by the petitioner be refused at the threshold on the basis of the fairly well established legal proposition that a third party/stranger does not have any right to participate in a criminal prosecution which is primarily the function of the State. The aforesaid question arises in the following facts and circumstances.

2. On 16.12.2012, a ghastly incident of gang rape took place in a moving bus in the streets of Delhi. In connection with the said incident six accused were arrested on 22.12.2012, one of whom, namely, the first respondent in the present special leave petition was a juvenile on the date of the occurrence of the crime. The victim of the offence died on 29.1.2013. While the Juvenile Justice Board (hereinafter for short “the Board”) was in seisin of the matter against the first respondent, the petitioners in the special leave petition approached the Board seeking impleadment in the proceedings before the Board and an interpretation of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter for short ‘the JJ Act’) so as to enable the prosecution of the first respondent in





















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