The main legal point established is that the provision under Section 14 of the Juvenile Justice Act, mandating completion of inquiry within four months unless extended by the Board, is directory, not mandatory, and emphasizes expeditious conclusion of the trial.

Satish Kumar Mittal, J.

1. The petitioners, who are juvenile, have filed this revision petition against the order dated 14.1.2005 and judgment dated 13.5.2005, passed by Principal Magistrate, Juvenile Justice Board, Sonepat and Additional Sessions Judge, Sonepat, respectively, vide which their application under Section 258 of the Code of Criminal Procedure (hereinafter referred as `the Code) for dropping the inquiry/trial against them has been dismissed.

2. The petitioners are accused in case FIR No. 59 dated 10.3.2002 under Sections 364, 392, 201, 120-B, 34 IPC, registered at Police Station Civil Lines, Sonepat. Since all the accused were below the age of 18 years at the time of the alleged occurrence, therefore, challan against them was filed by the police before the Juvenile Justice Board, Sonepat (hereinafter referred as `the Board). Thereafter, on the request of the defence counsel, the case was adjourned to 13.8.2004 and 17.9.2004 for consideration on notice of accusation.

3. On 29.10.2004 the petitioners filed an application under Section 258 of the Code for dropping the proceedings against them with the averment that under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred as `the Act), the Board has to hold an inquiry against the juvenile and it has to be concluded within four months. If the time of four months is not extended, then the proceedings against the juvenile cannot be allowed to continue and are liable to be dropped.

4. The Board, vide order dated 14.1.2005, dismissed the aforesaid application while holding that due to heavy pendency of civil as well as criminal cases, it was not possible for the Board to conclude the inquiry in all the cases within a period of four months. It was observed that though under Section 14 of the Act, the inquiry in cases relating to juvenile has to be completed within a period of four months from the date of its commencement unless the period is extended by the Board having regard to the circumstances of the case and in special cases after recording the reasons in writing for such extension, but the said provision is not mandatory and if the time was not extended, it can be extended subsequently. Merely on the ground that inquiry in such cases is not complete within the stipulated period, the proceedings cannot be dropped.

5. Aggrieved against the said order, the petitioners filed an appeal before Additional Sessions Judge, Sonepat, which was dismissed vide judgment dated 13.5.2005, while holding that under Section 14 of the Act, there is a provision that the Board shall conclude the inquiry within four months, but further this provision is silent that if the Board fails to extend the time for holding the inquiry beyond the period of four months, then what will be the fate of the case. Since no consequence has been provided for not following the said requirement, it was observed that this provision is not mandatory in nature. It is just a caution to the concerned authorities to expedite the matter for concluding the inquiry or trial within four months. If the prescribed time is not extended, then it cannot be said that the Board has committed any infirmity. Rather, it can be said that it is an irregularity, which can be cured. It has been further observed that in this case, while extending the period till conclusion of the trial at the time of passing of the order, the trial Court has committed no illegality.

6. Against the aforesaid judgment, the instant revision petition has been filed.

7. Counsel for the petitioners contends that both the Courts below have misconstrued and misread the provisions of the Act. Section 14 of the Act clearly provides that where a juvenile having been charged with the offence is produced before the Board, the Board shall hold the inquiry in accordance with the provisions of the Act and will make such order in relation to the juvenile as it deems fit. Section 14 of the Act further provides t