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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

268 CRM-M-24867-2018 (O&M) Date of decision : 30.10.2026 Central Bureau of Investigation ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Prateek Gupta, Advocate for the petitioner-CBI.

Mr. Neeraj Poswal, AAG, Haryana for respondent No.1-State of Haryana.

Mr. Viraj Gandhi, Advocate for respondent No. 2 (JCL Bholu). None for respondents No. 3 and 4. Mr. Sushil K. Tekriwal, Advocate for the complainant.

MANISHA BATRA, J.(Oral)

1. This petition has been filed by the Central Bureau of Investigation (for short 'CBI') under Section 482 read with Section 407 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') for transfer of the trial of Sessions Case No. 110 of 2018 titled as 'State versus Bholu' and other miscellaneous matters arising out of FIR No. 250 dated 08.09.2017, registered under Sections 302 IPC, 25/54/59 of the Arms Act, 12 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) and 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ‘JJ Act’) read with Section 34 IPC at Police Station Bhondsi, District Gurugram (re-registered by the CBI as RC-08(S)/2017/SC-III/New Delhi) from the Court of learned Additional Sessions Judge-cum-Children's Court, Gurugram to the Court of learned Special Judge, CBI, Panchkula.

2. Briefly stated, the case pertains to the murder of a seven year old student of Class II, who has been given the imaginary name 'Prince'. The occurrence took place on 08.09.2017 in the ground floor washroom of a school at Gurugram, which has been given the imaginary name 'Vidyalaya'. The aforementioned FIR No. 250 (Annexure P-3) was registered on the statement of the father of the deceased at Police Station Bhondsi, District Gurugram. The case was initially investigated by the Gurugram Police. On the same day, the police arrested one Ashok Kumar, a conductor, on the allegation of having committed the murder of Prince. Two officials of the school, namely Francis Thomas and Jayesh Thomas (respondents No. 3 and 4), were also arrested by the police in the same FIR for various lapses. They were granted bail by this Court vide order dated 07.10.2017.

3. Vide notification dated 17.09.2017 (Annexure P-1), the Government of Haryana accorded its consent under Section 6 of the Delhi Special Police Establishment Act, 1946 (for short 'DSPE Act') to the extension of the powers and jurisdiction of the members of the Delhi Special Police Establishment to the State of Haryana for investigation of the case. Thereafter, the Government of India issued a notification dated 22.09.2017 (Annexure P-2) under Section 5(1) read with Section 6 of the DSPE Act. On the same day, the CBI re-registered the FIR as RC-08(S)/2017/SC-III/New Delhi and took up the investigation.

4. During investigation, the CBI apprehended respondent No. 2 on 07.11.2017. He was a student of Class XI in the same school and has been given the imaginary name 'Bholu'. He was below eighteen years of age on the date of occurrence and was, thus, a child in conflict with law. As discernible from the record, the Juvenile Justice Board, Gurugram, while making a preliminary assessment under Section 15 of the JJ Act, vide order dated 20.12.2017, observed that there was a need for trial of respondent No. 2 as an adult. The case was accordingly sent to the learned Sessions Judge, Gurugram. On 22.12.2017, the learned Sessions Judge, Gurugram transferred the case to the learned Special Children's Court, Gurugram. The CBI filed the charge sheet against respondent No. 2 under Section 302 IPC before that Court on 05.02.2018. In the same charge sheet, the CBI prayed for discharge of Ashok Kumar, as no evidence was found against him. He was, accordingly, discharged by the trial Court on 28.02.2018. 5. The order dated 20.12.2017, passed by the Board, was upheld in appeal by the learned