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2023 Supreme(Jhk) 1401

SUBHASH CHAND
Amit Kumar Mandal, son of Chhoti Mandal @ Chhotelal Mandal – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashutosh Prasad Joshi, Advocate
For the Respondent:Mr. Someshwar Roy, Mr. Sheo Kumar Singh, Advocate

JUDGMENT :

1. Learned counsel for the petitioner and learned counsel for the State are present.

2. This Criminal Revision has been preferred on behalf of the petitioner against the order dated 31.03.2023 passed by the learned Special Judge, POCSO Act, Giridih in M.C.A. No.693 of 2023, Children Case No.02 of 2023, whereby the bail application of the juvenile was rejected.

3. At the very outset, learned counsel for the opposite party No.2 has raised the objection that this Criminal Revision is not maintainable against the impugned order in view of Section 101 (5) of the J.J. Act, 2015, which is reproduced hereinbelow:

    “(5) Any person aggrieved by an order of the Children's Court may file an appeal before the High Court in accordance with the procedure specified in the Code of Criminal Procedure, 1973 (2 of 1974).”

4. The contention made by the learned counsel for the opposite party No.2 is not found tenable in view of Section 102 of the J.J. Act, 2015, which provides that either on its own motion or on an application received in this behalf, call for the record of any proceeding in which any Committee or Board or Children's Court, or Court has passed an order, for the purpose of satisfyi

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