2023 Supreme(All) 1836
PRITINKER DIWAKER, SAMIT GOPAL
Mohammad Zaid – Appellant
Versus
State of U. P. – Respondent
Advocates:
Advocate Appeared:
For the Applicant : Brij Raj Singh, Rajrshi Gupta, Dileep Kumar(Senior Adv.), Shambhawi Shukla, Deepak Kumar Srivastava, Ramesh Chandra Yadav, Om Prakash Vishwakarma, Ramanand Gupta, Sanjay Kumar Yadav, Mohd. Akbar Shah Alam Khan, Rameshwar Prasad Mishra, Rajneesh Kumar Upadhyay, B.N.Singh, Manish Kumar Singh, Istyak Khan, Abdul Majeed, Sufia Saba, Gauri Dubey, Gautam Dubey, Santosh Kumar Tiwari, Shashikant Mishra, Akhilesh Singh, Shivam Yadav, Vikrant Singh Parihar, Ashutosh Kumar Pandey, Arjit Srivastava, Usha Srivastava, Vinod Kumar Srivastava, Anoop Singh, Ashok Kumar Singh, Babu Lal Ram, Rajesh Kumar Sachan, Shailendra Kumar Rai, Anil Kumar Dubey, Vinit Mishra, Meena Mishra, Munna Tiwari, Amit Daga, Umesh Chandra Shukla, Samir Srivastava, Ravitendra Pratap Singh Chandel, Tabrez Ahmad, Aishwarya Pratap Singh, Shri Niwash Yadav, Ravi Prakash Singh Yadav, Mujiburrahman, Firoz Haider, Rohit Nandan Singh
For the Respondent: Mohammad Alam, Avnish Kumar Srivastava, Sanjay Kumar Pal, Sudheer Rana, Geeta Kushwaha
JUDGMENT :
1. The Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. -8361 of 2020 (Mohammad Zaid Vs. State of U.P. and another) has been placed before this Larger Bench on a reference made by a learned Single Judge, for the following questions to be answered :-
“(i) Whether limited window opened by the judgement of this Court in the case of Shahaab Ali (Minor) (supra) for child in conflict with law confining his right to seek anticipatory bail before F.I.R is lodged against him deserves to be further opened to the stages where inquiry against such a child u/s 14 of the J. J. Act, 2015 and preliminary assessment into heinous offence u/s 15 of the J. J. Act, 2015, where needed, is concluded and he is found involved in heinous offence and his trial is transferred to Children's Court as per Section 18 (3) of the J. J. Act, 2015 ?(ii) Whether Section 1 (4) of the J. J. Act, 2015 excludes the application of Section 438 Cr.P.C. to a child in conflict with law after the F.I.R. is registered against him as held by this Court in the case of Shahaab Ali (Minor) (supra) ?
(iii) Whether the arrest/apprehension/bail of a child in conflict with law is necessary during the inquiry by
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