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2014 Supreme(Sikk) 36

N.K.JAIN
State of Sikkim – Appellant
Versus
Mohan Kumar Mukhia (Sunar) @ Phuchay – Respondent


Advocates:
Advocate Appeared
For Petitioner: M/s. Karma Thinlay, Addl. Public Prosecutor with S.K. Chettri and Pollin Rai, Asstt. Public Prosecutors.
For Respondent:Mr. Mohan Kumar Mukhia, respondent with Mr. Bhim Bahadur Sunar, father of respondent, in person.

Judgment

Jain, CJ (Oral).

Learned Principal Magistrate, Juvenile Justice Board, West District at Gyalshing vide her letter/Memo No. 544/2014/CJJM (W) dated 26th May, 2014, has referred this matter to this Court stating therein that she has decided the Juvenile Justice Board Case No. 02 of 2013, vide judgment dated 06th August, 2013, sitting alone, whereas as per proviso to Section 5 (3) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, ‘the Act of 2000’), any matter of Juvenile Justice Board has to be decided finally by at least two members of the Board including the Principal Magistrate. She has further mentioned that the said judgment is contrary to proviso of Section 5(3) of the Act of 2000. However, the Board does not have any power to recall such an order, therefore, this Court should pass an appropriate order. The aforesaid letter was ordered to be registered as Crl. Revision Petition.

2. The Revision Petition was admitted and notice was issued to the respondent. In response to show cause notice, respondent is present in person along with his father Mr. Bhim Bahadur Sunar. He was asked whether he wants any assistance of any Advocate, he refused fo

















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