IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. /2025 [@ SLP [CRL.] NO.12633/2023]

JUVENILE IN CONFLICT WITH LAW Appellant(s)

VERSUS THE STATE OF RAJASTHAN Respondent(s)

O R D E R

Leave granted.

By the impugned judgment, the application seeking condonation of delay of 866 days in filing the appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015, filed by the appellant was rejected by the High Court.

It is not in dispute that the appellant seeks to raise the plea of juvenility. The law is quite settled that the plea of juvenility can be raised at any stage. If that is the position, the question of limitation will not arise.

Considering the above, we are inclined to set aside the impugned judgment.

Accordingly, the impugned judgment is set aside Signature Not Verified and the matter is remitted to the High Court for Digitally signed by ASHA SUNDRIYAL Date: 2025.01.16

17:04:49 IST fresh consideration.

Reason:

However, we make it clear that we are not going into the merits of the case, including the effect of the earlier proceedings.

The appeal stands allowed accordingly.

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

...................J.

[M.M. SUNDRESH]

...................J.

[RAJESH BINDAL]

NEW DELHI;

JANUARY 08, 2025.

ITEM NO.22 COURT NO.9 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 12633/2023 [Arising out of impugned final judgment and order dated 15-05-2023 in SBCRA No. 535/2023 passed by the High Court of Judicature for Rajasthan at Jaipur]

JUVENILE IN CONFLICT WITH LAW Petitioner(s)

VERSUS THE STATE OF RAJASTHAN Respondent(s)

(IA No.178321/2023-EXEMPTION FROM FILING O.T. )

Date : 08-01-2025 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Manish Sharma, Adv.

Mr. Akbar Siddique, AOR Mr. Mohd Osama, Adv.

Mr. Mohammad Farman Ashraf, Adv.

Mr. Shahzar Qureshi, Adv.

Mr. Abhishek Singh, Adv.

For Respondent(s) Mr. Vidhan Vyas, Adv.

Mr. Syed Haider Shah, Adv.

Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is allowed in terms of the signed order.

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

(ASHA SUNDRIYAL) (POONAM VAID)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR [SIGNED ORDER IS PLACED ON THE FILE]