CRR-908-2023 (O&M)

-1-

2023:PHHC:068551

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(205)

CRR-908-2023 (O&M)

Date of decision: - 11.05.2023

Deepanshu alias Maanu

....Petitioner

Versus

State of Haryana

.....Respondent

CORAM : HON'BLE MR. JUSTICE VIKAS BAHL

Present:-

Mr. Vishal Yadav, Advocate

for the petitioner.

Ms. Upasana Dhawan, AAG, Haryana.

****

VIKAS BAHL, J. (ORAL)

CRM-15380-2023

1.

This is an application filed under Section 5 of the Limitation

Act for condonation of delay of 20 days in filing the revision petition.

2.

For the reasons stated in the application, which is duly

supported by an affidavit, the same is allowed and the delay of 20 days in

filing the present revision petition is condoned.

CRM-21130-2023

1.

This is an application under Section 482 Cr.P.C. for placing

on record the Social Investigation Report as Annexure P-7.

2.

For the reasons stated in the application, which is duly

supported by an affidavit, the same is allowed and the copy of Social

NARESH KUMAR

2023.05.12 16:52

I attest to the accuracy and

authenticity of this

order/judgement

CRR-908-2023 (O&M)

-2-

2023:PHHC:068551

Investigation Report (Annexure P-7) is taken on record, subject to all just

exceptions.

CRR-908-2023

1.

Challenge in the present criminal revision is to the order

dated 30.09.2022, vide which the application filed by the petitioner under

Section 12 of the Juvenile Justice (Care and Protection of Children) Act,

2015 (for short “Act of 2015”) has been dismissed by the Principal

Magistrate, Juvenile Justice Board, Jhajjar. Challenge is also to the order

dated 16.12.2022 vide which the appeal filed against the said order has

been dismissed by the Additional Sessions Judge, Jhajjar.

2.

Learned counsel for the petitioner has submitted that the

petitioner has been in custody since 16.10.2021 and out of 46 witnesses,

none have been examined and thus, the trial is likely to take time. It is

further submitted that the petitioner is not involved in any other case and

the previous bail application of the petitioner was filed under Section 439

Cr.P.C. and the same was withdrawn on 29.08.2022 in order to apply for

bail in accordance with law since the petitioner is a juvenile. It is also

submitted that after the passing of the said order, the petitioner had

moved an application under Section 12 of the Act of 2015, which has

been rejected by both the authorities. It is stated that the present FIR has

been registered against unknown persons and as per the case of the

prosecution, the deceased had suffered one gun shot injury, which has

been alleged to have been inflicted by co-accused, namely, Himanshu @

Chitu and the present petitioner has not been alleged to have been given

any injury to the deceased. It is further stated that even the car which has

NARESH KUMAR

2023.05.12 16:52

I attest to the accuracy and

authenticity of this

order/judgement

CRR-908-2023 (O&M)

-3-

2023:PHHC:068551

been allegedly stolen was not recovered from the present petitioner. It is

submitted that a perusal of the Social Investigation Report would show

that the petitioner is studying in 11^th Class and has already passed 10^th

Class and he is fond of watching television and playing cricket and to a

specific query put to him as to whether, is it a good thing to kill someone,

he has specifically stated that no, it is not a good thing to kill someone. It

is further submitted that a reading of the Social Investigation Report

would also suggest that the case of the petitioner would not fall within the

exception of Section 12 of the Act of 2015. It is further submitted that the

impugned orders are in violation of Section 12 of the Act of 2015 and for

the said purpose, reliance has been placed upon the judgment of a Co-

ordinate Bench of this Court passed in CRR-1019 of 2020 titled as

“Gurkirat @ Gora Vs. State of Haryana”.

3.

Learned State counsel, on the other hand, has opposed the

present petition and has submitted that recover