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JYOTSNA SHARMA
Soni Saxena @ Neetu Saxena – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
JYOTSNA SHARMA, J.
1. Heard Sri Jitendra Singh, learned counsel for the revisionist, Sri Vikesh Kumar Tiwari, learned counsel for the opposite party no. 2-the first informant and learned AGA for the State.
2. This criminal revision has been filed challenging the order dated 20.07.2023 and 23.08.2023 passed by the Child Welfare Committee, Shahjahanpur in relation to a matter arising out of case crime no. 01 of 2023 under sections 342, 376(3), 506 IPC and section 5(dha)/6 POCSO Act, by which firstly she was put in a government protection home under section 37(c) of the Juvenile Justice (Care and Protection of Children) Act, 2015 by Child Welfare Committee vide order dated 20.07.2023 and further an application moved by her mother for taking her into her custody, was rejected by order passed by the Child Welfare Committee on 23.08.2023. By means of a supplementary affidavit filed by the revisionist an order passed by the appellate court on 31.10.2023 in an appeal preferred against the order dated 23.08.2023 whereby the appeal was dismissed on the ground that the children court had no jurisdiction to hear the same, has also been challenged in this criminal revision.
3. Relevant f
The main legal point established in the judgment is the proper interpretation of the appeal procedures under the Juvenile Justice Act, specifically highlighting the jurisdiction of the appellate cour....
The main legal point established is the temporary nature of detention in a protection home for a child in need of care and protection under the Juvenile Justice Act, 2015, and the wide powers of the ....
The existence of a statutory appeal under the Juvenile Justice Act, 2015 precludes the use of inherent powers under the Bharatiya Nagrik Suraksha Sanhita 2023.
The role of the Committee commences from the stage where both parents are not in a position to take care and protect the child. The parens patriae principle to intervene is to protect the child and a....
The court held that a Magistrate cannot review or recall an order once signed, as it violates established judicial procedures and principles of natural justice.
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