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2023 Supreme(All) 528

JYOTSNA SHARMA
Minor ‘X’ through his Guardian/Father – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Rakesh Pathak, Shashank Shekhar Tiwari.
For the Respondent: Prem Shankar Pandey.

JUDGMENT :

JYOTSNA SHARMA, J.

1. It appears that name of the applicant-juvenile has been disclosed in the memo of revision. This fault from the side of applicant escaped detection by the Registry. The concerned section of Registry is directed to remove the name of the applicant-minor from the title of the revision as fed and shown in the data on official website and represent him as Minor ‘X’ through his Guardian/Father, District Prayagraj.

2. Heard Sri Rakesh Pathak, learned counsel for the applicant and Sri O.P. Mishra, learned AGA for the State on the point of maintainability of this anticipatory bail application.

3. The present application has been filed on behalf of minor ‘X’ through his guardian/father seeking anticipatory bail in FIR/Case Crime No. 0362 of 2022, under Sections 307, 504 and 506 IPC, Police Station Karchhana, District Prayagraj.

4. It is contended on behalf of the applicant (who admittedly is a minor) that a minor cannot be deprived of protection available under Section 438 Cr.P.C. just because he is not an adult. The contention is ardently opposed by the State.

5. Before coming into effect of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Juv

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