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RAJESH BHARDWAJ
Piyush minor through his natural mother Smt. Nirmla Devi wife of Sh. Narender – Appellant
Versus
State of Haryana – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Manoj Tanwar, Advocate
For the Respondent: Mr. Manish Bansal, DAG, Haryana

JUDGMENT (ORAL)

Rajesh Bhardwaj, J.—Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

2. Prayer is made for the grant of anticipatory bail to the petitioner in case FIR No.65 dated 26.04.2021, under Section 8 of Protection of Children from Sexual Offence Act, 2012 (for short ‘the Act’) at Police Station Satnali, District Mohindergarh, Haryana.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated. No offence as alleged in the FIR is made out against him.

4. Admittedly, the petitioner before this Court is a juvenile and hence before appreciating the merits of the case, the issue of the maintainability of the petition on behalf of a juvenile under Section 438 of Code of Criminal Procedure (for short ‘Cr.P.C’) is of prime importance. For dealing with the juvenile, the relevant Act is The Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ‘the Act’), which is a complete Code in itself and has specific provision for dealing with the child in conflict with law. Section 10 deals with apprehension of the child allege

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