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2023 Supreme(P&H) 787

JASGURPREET SINGH PURI
Arun – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Sanchit Punia, Advocate, for the petitioner.
Mr. Vishal Kashyap, DAG, Haryana.

JASGURPREET SINGH PURI, J.

1. The present is a petition filed under Section 482 of the Code of Criminal Procedure for quashing the impugned order dated 16.11.2018 (Annexure P-2) passed by the learned Principal Magistrate, Juvenile Justice Board, Hisar.

2. It is submitted by learned counsel for the petitioner that vide the impugned order dated 16.11.2018 (Annexure P-2), the learned Juvenile Justice Board, Hisar has passed an order under Section 18(3) of the Juvenile Justice Act, 2015 that there is a need that the petitioner should be tried as an adult. Thereafter the matter was forwarded to the learned Additional Sessions Judge (1st), Hisar (Children’s Court) for trial of the present petitioner and thereafter the trial has commenced.

3. Learned counsel for the petitioner submitted that the aforesaid order is contrary to the law laid down by the Hon’ble Supreme Court in Barun Chandra Thakur vs. Master Bholu and another 2023(2) RCR (Crl.) 686 = (2022) Law Today Live Doc. Id. 16967.

4. He further submitted that in the aforesaid judgment, it has been so observed by the Hon’ble Supreme Court that the expression “may” in the proviso to Section 15(1) of the Juvenile Justice (Care and Protectio

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