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IN THE HIGH COURT AT CALCUTTA
UDAY KUMAR
Rajesh Yadav – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. factual background of the case and procedural history. (Para 1 , 3 , 4 , 5 , 6) |
| 2. arguments regarding the flaws in the investigation and proceedings. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. arguments in defense of the jjb's decision and principle of child welfare. (Para 14 , 15 , 16 , 17) |
| 4. court’s observations on the need for proper procedure and evaluation of evidence. (Para 20 , 21 , 22 , 23 , 24) |
| 5. final conclusion and order remanding the matter for fresh consideration. (Para 25 , 26 , 27 , 28 , 29) |
JUDGMENT :
UDAY KUMAR, J.
1. This revisional application has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter, "the Cr.P.C."), or Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "the BNSS"), to challenge the order dated July 3, 2024, passed by the learned Juvenile Justice Board (hereinafter "the JJB"), Kolkata, in JJB No. 56 of 2022. The order discharged opposite party no.2, Daksh Jaiswal, a Child in Conflict with Law (CCL), from the proceedings stemming from Amherst Street Police Station Case No. 122 of 2022, under Sections 341, 323, 427, and 114 of the Indian Penal Code (IPC).
2. Being aggrie
A Juvenile Justice Board must consider protest petitions on their merits and cannot dismiss them on procedural technicalities, especially when serious allegations of investigative deficiencies are ra....
The central legal point established in the judgment is the requirement for the Juvenile Justice Board to independently apply its mind, follow prescribed procedures, and ensure procedural safeguards f....
The main legal point established in the judgment is the mandatory nature of bail for juveniles in conflict with the law, the requirement for reasonable grounds to deny bail, and the emphasis on the b....
The central legal point established in the judgment is the determination of the accused's juvenile status at the time of the alleged offence and the subsequent transfer of the case to the Juvenile Ju....
The court emphasized the necessity of thorough psychological evaluations for juveniles in conflict with law, asserting that inadequate assessments violate statutory requirements under the Juvenile Ju....
The court established that under the Juvenile Justice Act, a juvenile is entitled to bail as a matter of course unless there are reasonable grounds to believe that their release would pose a danger t....
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