CRM-7253-2023 in/and

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CRR-4858-2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

2023:PHHC:129334

CRM-7253-2023 in/and

CRR-4858-2015 (O&M)

RESERVED ON: 17^th FEBRUARY, 2023

PRONOUNCED ON:27^th SEPTEMBER, 2023

SATYABHAN

....PETITIONER

VERSUS

STATE OF HARYANA AND ANOTHER .....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

None.

*****

SANDEEP MOUDGIL

, J.

1.

There is a circular issued to the effect that Punjab & Haryana

High Court Bar Association has resolved to suspend the work today i.e.

27.09.2023.

2.

The instant revision petition was preferred against the order

dated 26.11.2015 passed by Additional Sessions Judge, Bhiwani declaring

the respondent as juvenile in conflict with law.

3.

During the course of hearing on 10.03.2016, to examine the

original certificate regarding date of birth, which was considered for

deciding the status of the petitioner as juvenile, the record of Lower Court

was summoned for 29.04.2016. Thereafter, on October, 5^th 2016 an order

was passed calling for the comments of the Juvenile Justice Board, Bhiwani

to explain in what circumstances he proceeded to decide the case in the face

of the interim order dated 28.05.2016.

MEENU

2023.10.05 17:05

I attest to the accuracy and

integrity of this document

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CRR-4858-2015 (O&M)

4.

It would be pertinent to record here that the proceedings before

the Lower Court were allowed to continue, but passing of final judgment

was stayed on 28.05.2016.

5.

On 30.08.2017, this Court perused the report/comment sent by

the Principal Magistrate, Juvenile Justice Board, Bhiwani to the effect that

the interim order dated 28.05.2016 were not received by it regarding passing

of final judgment and thereafter, District & Sessions Judge, Bhiwani was

directed to enquire into the matter as to whether his office or the office of

Juvenile Justice Board has received the interim order dated 28.05.2016 and

16.08.2016 passed by this Court or not. The Registrar (Judicial) was directed

to conduct an inquiry on that aspect and direction was given to fix the

responsibility of the concerned official at fault, if these orders were not sent.

6.

In pursuance thereof an inquiry was conducted by the Registrar

(Judicial) through Joint Registrar (J &C), who recorded that the copy of

order dated 28.05.2016 was sent to the District & Sessions Judge, Bhiwani,

Additional District & Sessions Judge, Bhiwani and Sub-Divisional

Magistrate through g-mail (copy of the said e-dockets), which was duly

signed by the Superintendent, Criminal Branch.

7.

The detailed inquiry report dated 11.09.2017 has been

submitted to this Court with the finding that e-dockets received by the office

of District & Sessions Judge, Bhiwani were not forwarded to the Principal

Magistrate, Juvenile Justice Board, Bhiwani and on that account Shri

Sanjeev Kumar-III, Senior Assistant was held responsible for that lapse, who

sent the e-dockets only to the District & Sessions Judge, Additional District

& Sessions Judge and Sub-Divisional Judicial Magistrate, but not to the

MEENU

2023.10.05 17:05

I attest to the accuracy and

integrity of this document

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CRR-4858-2015 (O&M)

Principal Magistrate, Juvenile Justice Board, Bhiwani.

8.

From the perusal of the said report, it is clear and no doubt is

left that Principal Magistrate, Juvenile Justice Board, Bhiwani has proceeded

on the premise that there is no interim order and passed the final judgement

granting acquittal vide judgment/order dated 14.09.2016.

9.

Since, responsibility has been fixed upon the Sanjeev Kumar-

III, Sr. Assistant and inquiry stands concluded, as was directed by this Court

vide order dated 30.08.2017 with the finding that Principal Magistrate,

Juvenile Justice Board had not received the interim order dated 28.05.2016

passed by this Court.

Since the respondent No.2 stands acquitted by the Principal

Magistrate, Juvenil