Point of law : The mandate carried in sub-section (2) of Section 14 of the Act, does, unfold that the inquiry under Section 14 of the Act, shall become mandatorily concluded, by the Board concerned, within four months, from the date of production, of, the juvenile in conflict with law, before the Juvenile Justice Board.

ORDER :

Through the instant petition, the juvenile in conflict with law, challenges an order, made under Section 14 of the Juvenile Justice Act, 2015, by the Juvenile Justice Board, Kangra at Dharamshala, District Kangra, H.P. Through the impugned order, the Juvenile Justice Board, made the hereinafter extracted order :

“18. Thus applying the principles laid down in Neeraj and others vs. State of Haryana 2005 (4) RCR Criminal 71 and in X Minor (through his elder brother vs. State Criminal Revisions Petition No. 24/2017 decided on 15.11.2011, and taking into consideration the fact that the provisions of Section 14 of the Junvenile Justice Act are directory and not mandatory and further taking into consideration the fact that the inquiry in the present case especially during the examination of the complainant on 4.6.2019 was delayed due to the non-appearance of the juvenile and further taking into consideration the seriousness of the allegations leveled against the juvenile, this Board does not deem it appropriate to terminate the inquiry pending adjudication before this Board. As far as the interest of the juvenile is concerned, the same can be looked into by the Board by speeding the inquiry and in the light of above discussion, the present application is dismissed”.

For adjudicating the import of the challenges made to the afore impugned order, it becomes incumbent, upon, this Court, to extract the mandate, carried in Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2015, provisions whereof are extracted hereinafter :

“14. Inquiry by Board regarding child in conflict with law:

(1) Where a child alleged to be in conflict with law is produced before Board, the Board shall hold an inquiry in accordance with the provisions of this Act and may pass such orders in relation to such child as it deems fit under Sections 17 and 18 of this Act.

(2) The inquiry under this section shall be completed within a period of four months from the date of first production of the child before the Board, unless the period is extended, for a maximum period of two more months by the Board, having regard the circumstances of the case and after recording the reasons in writing for such extension.

(3) A preliminary assessment in case of heinous offences under Section 15 shall be disposed of by the Board within a period of three months from the date of first production of the child before the Board.

(4) If inquiry by the Board under sub-section (2) for petty offences remains inconclusive even after the extended period, the proceedings shall stand terminated:

PROVIDED that for serious or heinous offences, in case the Board requires further extension of time for completion of inquiry, the same shall be granted by the Chief Judicial Magistrate, or, as the case may be, the Chief Metropolitan Magistrate, for reasons to be recorded in writing.

(5) The Board shall take the following steps to ensure fair and speedy inquiry namely:

(a) At the time of initiating the inquiry, the Board shall satisfy itself that the child in conflict with law has not been subjected to any ill-treatment by the police or by any other person, including a lawyer or probation officer and take corrective steps in case of such ill-treatment;

(b) In all cases under the Act, the proceedings shall be conducted in simple manner as possible and care shall be taken to ensure that the child, against whom the proceedings have been instituted, is given child friendly atmosphere during the proceedings;

(c) Every child brought before the Board shall be given the opportunity of being heard and participate in the inquiry;

(d) Cases of petty offences, shall be disposed of by the Board through summary proceedings, as per the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974)

(e) Inquiry of serious offences shall be disposed of by the Board, by following the procedure, for trial in summons cases under the Code of Criminal Procedure, 1973 (2 of 1974)

(f) Inquiry of heinous