The delay in filing an appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015, may be condoned if it is not egregious enough.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2024 (Arising out of SLP(Crl.) No.16443/2023)

ALEX RAJ APPELLANT(S)

VERSUS STATE REPRESENTED BY THE INSPECTOR OF POLICE RESPONDENT(S)

ORDER

Leave granted.

Heard learned counsel for the appellant and the State.

The present proceeding arises out of a claim of juvenility by the appellant. The Juvenile Justice Board, in its order passed on 01.11.2018, formed the opinion that the teenager in this case was to be treated as an adult and transferred the case to the Children’s Court. The appellant was 17 years and 8 months of age at the relevant point of time. The appeal of the appellant under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015,(‘the 2015 Act’), was dismissed by the Sessions Judge, Fast Track Mahila Court, Dindigul, on the ground of delay of 397 days. The Signature Not Verified Digitally signed by SNEHA DAS criminal revision petition filed by the appellant Date: 2024.03.23

18:34:15 IST Reason:

before the High Court, questioning the legality of the Appellate Court’s order, was also rejected.

On going through the materials disclosed, in our opinion, the delay incurred by the appellant in preferring the appeal under Section 101 of the 2015 Act was not egregious enough for not being condoned. We, accordingly, set aside the order of the High Court impugned in this appeal as well as the order of the First Appellate Forum, i.e., the Sessions Judge, Fast Track Mahila Court, Dindigul, and direct that the delay be condoned and his appeal be heard expeditiously by the appellate forum.

The present appeal is allowed in the above terms.

Pending application(s), if any, shall stand disposed of.

…………………………………………………...J.

[ANIRUDDHA BOSE]

…………………………………………………...J.

[SANJAY KUMAR]

NEW DELHI;

MARCH 22, 2024.

ITEM NO.47 COURT NO.5 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No. 16443/2023 (Arising out of impugned final judgment and order dated 09-11-2022 in CRLRC(MD) No. 312/2020 passed by the High Court Of Judicature At Madras At Madurai)

ALEX RAJ Petitioner(s)

VERSUS STATE REPRESENTED BY THE INSPECTOR OF POLICE Respondent(s)

(IA No. 240169/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 240171/2023 - EXEMPTION FROM FILING O.T.)

Date : 22-03-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. A Velan, AOR Ms. Navpreet Kaur, Adv.

Mr. Mritunjay Pathak, Adv.

Ms. Honey Kumbat, Adv.

For Respondent(s) Mr. Sabarish Subramanian, AOR Mr. Vishnu Unnikrishnan, Adv.

Mr. C. Kranthi Kumar, Adv.

Mr. Naman Dwivedi, Adv.

Mr. Danish Saifi, Adv.

Mr. Aman Prasad, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The present appeal is allowed in terms of the signed order which is placed on the file.

Pending application(s), if any, shall stand disposed of.

(SNEHA DAS) (VIDYA NEGI)

SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR