IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N. S. Shekhawati, J
Charanjeet Singh – Appellant
Versus
State of Punjab – Respondent
CRR 547 of 2021
| Table of Content |
|---|
| 1. procedural history and petitioner arguments regarding the mandatory nature of section 14 and 15 of juvenile justice act. (Para 1 , 2 , 3) |
| 2. assessment of the mental and physical capacity of the juvenile and response to the procedural timeline objection. (Para 4 , 5 , 6) |
| 3. binding precedent confirming that statutory timelines for preliminary assessments are directory rather than mandatory. (Para 7 , 8 , 9 , 10 , 11) |
N.S.SHEKHAWAT, J. (Oral)
1. The petitioner has filed the present petition against the impugned order dated 13.03.2020 passed by the Court of Principal Magistrate, Juvenile Justice Board, Bathinda, as well as the impugned judgment dated 04.03.2021 passed by the Court of Additional Sessions Judge, Bathinda, whereby, the application filed by the prosecution for treating the petitioner [juvenile (in conflict with law)] as adult was allowed and the case was transferred to Children Court, Bathinda for trial.
2. Learned counsel for the petitioner contended that the petitioner has been falsely involved in the present case on the basis of the FIR (Annexure P1) which was registered on the basis of the statement made by Paramjit Singh and the same has been reproduced below:-
“Statement of Paramjit Singh son of Ajaib Singh Jatt, r/o Jodhpur Pakhar, aged about 45 years, Mobile No. xxxx stated that I am resident of above said address and an agriculturist. I have two sons Sandeep Singh and Sukhdeep Singh. Elder Son Sukhdeep Singh is aged about 25 years, who is unmarried and working as agriculturist. Today in the evening, I had gone to my field at Phundar Walay, in the area of village Jodhpur Pakhar for watering paddy crop and when I was returning to my home from my fields then it was about 08.30 pm. When I reached near Peer Khana near bus stand of our village, then the lights of the Peer Khana were on, where Dharmender Singh son of Joginder Singh armed with axe, Gagandeep Singh Mistri armed with Axe, Mandeep Singh son of Saudagar Singh armed with Axe, Charanjit Singh son of Satta Singh armed with Axe, Kala Singh son of Leela Singh armed with Gandasa, Jat residents of Jodhpur Pakhar were mercilessly giving blows on the head of my son Sukhdeep Singh with their axes and Gandasa. While my son got drenched in blood, I raised alarm and in the meantime, my younger son Mandeep Singh came at the spot. Then, both of us raised alarm and Baggi Singh son of Baljit Singh Nambardar Jatt resident of Jodhpur Pakhar fired three shots in the air with his country made pistol and threatened me and my son Mandeep Singh to kill us. Dharmender Singh etc. ran away from the spot alongwith their weapons. Motive is that yesterday, on 14.08.2016 at about 09.30 p.m., there was power cut in our village and at the time of power cut, Dharmender Singh etc aforesaid were pressurizing Satnam Singh employee of Electricity Department, after getting the electricity from electricity grid, to release electricity supply immediately.
On seeing the dispute turning big, Satnam Singh Electricity Department employee also called up my elder son Sukhdeep Singh. My son Sukhdeep Singh had argument with Dharmender Singh aforesaid. This entire incident pertains to dispute at electricity grid on that day, which was disclosed to me by my son Sukhdeep Singh. About one year back, Manoj Kumar @ Mouji son of Babbarjit Sharma r/o Dayalpur Mirja had fight with my deceased son Sukhdeep Singh, then Manoj Kumar @ Mauji injured my son Sukhdeep Singh by giving fire arm injury after coming to our village, on which we had got registered the FIR against Manoj Kumar @ Mauji, which is pending before Bathinda Court. To compromise that matter, Manoj Kumar @ Mauji was pressurizing my son Sukhdeep Singh and was giving threats to life. I have full faith that there is hand of Manoj Kumar @ Mauji in the murder of my son Sukhdeep Singh. Statement has been recorded. Action be taken against Dharmender Singh etc. Heard it and it is correct. Sd Paramjit Singh aforesaid. Attested by Karamjit Sin
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