CCL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Whether trial proceedings of a 'child' alleged to be in conflict with law and a person 'not a child', i.e. an adult, could be held jointly, after a preliminary assessment of Juvenile Justice Board ('JJB') declaring the 'child in conflict with law' ('CCL') to be psychologically and physically mature, is the question that has come up for consideration before this Court in this petition.

(2.) The present revision petition has been filed by the petitioner (CCL) to set aside order dtd. 23/5/2022 ('impugned order') passed by the Trial Court, ASJ-6, West, Tis Hazari Courts, Delhi dismissing the application of the petitioner under Sec. 23 of Juvenile Justice (Care and Protection of Children) Act, 2015 ('JJ Act') whereby the petitioner sought to stop the ongoing joint proceedings/trial of the petitioner with adult accused, Mr. Vivek Kumar, in connection with FIR No. 418/2016 under Ss. 186/353/302/34 IPC at PS Nangloi.

(3.) As per the case of the prosecution, on 26/9/2016, information was received at Police Station Nangloi and the same was entrusted to SI Mahesh Kumar, who along with staff, reached the spot i.e. Government Boys Senior Secondary School Sultanpuri Road, Nangloi, Delhi. On reaching the spot, it was found that there was a lot of blood scattered at the main gate of the school and also, in class room no.108. Upon enquiry, it was revealed that the injured teacher, Mr. Mukesh Kumar, had already been taken to Sri Balaji Hospital in Paschim Vihar, Delhi.