JUDGMENT :

Ajay Kumar Gupta, J.

1. This Criminal Revisional Application has been filed by the petitioner under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the proceeding of G.R. Case No. 891/2021 arising out of Purulia (Town) Police Station Case No. 108/2021 dated 25th June, 2021 under Sections 217/221/222/223/225A/225B/119/174/177 of the Indian Penal Code and the order dated 08.12.2021 passed by the Learned Chief Judicial Magistrate, Purulia.

2. The brief facts are relevant for the purpose of disposal of this case as under:

On 25th June, 2021, Learned Principal Magistrate, Juvenile Justice Board, District-Purulia lodged an FIR alleging that the petitioner did not comply with the judgment and order passed by the Juvenile Justice Board. A juvenile in conflict with law (JCL) found guilty and was directed to undergo community service under the direct supervision of the District Child Protection Officer (DCPO), Purulia for 3 years from the expiry of the date of appeal period in connection with a proceeding being JGR Case No. 27/2011 arising out of Purulia (M) Police Station Case No. 121/2011 dated 12.07.2011 under Sections 302/34 of the Indian Penal Code. The petitioner did not follow the said order and neither filed report regarding complying such order nor had the juvenile undertaken community service. The contents of the FIR are set forth inter alia as hereunder: -

“A juvenile in conflict with law for an allegation under section 302 read with 34 IPC in connection with JGR Case no. 27 of 2011 arising out of Purulia (M) PS Case No. 121 of 2011 Dated 12.07.2011 u/s-302/34 IPC was found guilty vide Judgement dated 19.03.2021 pronounced by the Juvenile Justice Board, Purulia. In the said Judgement the JCL was ordered to undergo community service under the direct supervision of the District Child Protection Officer, Purulia for 3 years from the expiry of the date of appeal. The JCL did not prefer any appeal and after the expiry of the appeal period, surrenders before the Board and expressed his willingness to undergo community service and accordingly another order was passed on 19.04.2021 by the Juvenile Justice Board, Purulia in this regard giving directions upon the District Child Protection Officer. He was also directed to submit a detailed report as to the nature and place of community service to be given to the JCL. However, the said report never reached the Board’s end. Ms. Amita Mishra, the Social Worker Member, Juvenile Justice Board, Purulia repeatedly visited District Child Protection Officer physically and enquired about the whereabouts of the JCL but he never gave her any concrete answer not any written communication has ever reached the Board from his end. After that since 01.05.2021 to 16.05.2021 there was vacation in JJB, Purulia and as I myself became COVID-19 Positive and resumed my service from 15.06.2021, the matter could not be looked into neither the District Child Protection Officer bothered to abide by the Judgement passed by a Judicial authority during this period. After my joining, on enquiry when I came to know about the stagnant situation, I asked for the personal appearance of the concerned officer and only then after appearing before the Juvenile Justice Board, Purulia on 24.06.2021, he disclosed, to the utter astonishment of the Juvenile Justice Board, Purulia, that he set the JCL free to go to Jamshedpur under State – Jharkhand where he was working prior to coming into effect of this judgement which is not only beyond the jurisdiction of this Board but the entire State of West Bengal. As the District Child Protection Officer is a public servant and he was given some public duties to carry out by dint of a judgement, another opportunity was again given to him and he was directed to file written show-cause on 25.06.2021 within 11.00 am justifying all his illegal acts. He appeared before the Board on the due date and time but unfortunately, furnished an