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VISHAL DHAGAT
Mubarak Khan – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. minor's entitlement to juvenile court trial (Para 1 , 2) |
| 2. contention on application of child rights legislation (Para 3 , 4) |
| 3. court's interpretation of relevant laws (Para 5 , 6 , 7) |
| 4. final dismissal of the criminal revision (Para 8) |
ORDER :
1. Applicant has filed this criminal revision under section 102 of Juvenile Justice (Care & Protection of Children) Act, 2015 against the order dated 02.07.2024 (Annexure-P/2) passed by the Children Court, Shahdol, District-Shahdol (MP) in SCATR No. 66/2022.
2. Applicant has filed an application before the trial Court that applicant was minor at the time of incident and was less than 18 years, therefore, he ought to have been tried by Juvenile Justice Board and not by Children Court. Application filed by applicant was dismissed by the trial Court vide impugned dated 02.07.2024.
3. Learned counsel appearing for applicant has relied upon the Commission for Protection of Child Rights Act, 2005. It is submitted that as per Chapter-V, Section 25 of the said Act, Children's Court has been constituted for speedy trial of offences against children or of violation of child rights. It is submitted that Children's Court will try offenc
The jurisdiction of Children's Court in juvenile cases depends on whether the offence is heinous and the offender is between 16-18 years, as per relevant acts.
The notification of a children's court does not invalidate prior trials conducted by a Magistrate, emphasizing the need for speedy trials and the principle that procedural errors should not lead to s....
The court affirmed that the Board's reliance on social and counseling reports satisfied statutory requirements for trying a child as an adult under the Juvenile Justice Act.
A court must conduct an inquiry into the age of an accused claiming juvenility before making a decision, as per the Juvenile Justice Act.
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