JUDGMENT

Yashwant Varma, J.—Heard learned counsel for the applicants, Sri Vikas Sahai learned A.G.A. for the State and perused the record.

The applicants who are minors have petitioned this Court through their natural guardian seeking anticipatory bail in Case Crime No. 305 of 2019 under Sections 420, 467, 468, 471, 120B, 504 and 506 IPC, Police Station Tanda, District Rampur.

The principal question which has been raised is whether a petition under Section 438 of the Criminal Procedure Code at the behest of a child in conflict with law would be maintainable. According to Sri Vikas Sahai, the learned A.G.A., the application under Section 438 of the Criminal Procedure Code at the behest of a minor is not maintainable since the apprehension of arrest is misplaced. According to the learned A.G.A. the Juvenile Justice (Care and Protection of Children) Act 20151 and more particularly Sections 10 and 12 thereof put in place a detailed procedure to deal with the investigation and trial of cognizable offences that may be committed by minors. It was submitted that in terms of Section 10 of the 2015 Act, a child cannot be arrested and since he is only apprehended and placed in the charge