STATE Vs. RAMEEZ

JUDGEMENT

(1.) THIS petition by the State under Section 482 Code of criminal Procedure 1973 (CrPC) raises important questions concerning the role of the State as a law enforcer and protector of the rights of citizens enshrined under the Constitution of India, particularly of young adults for whose care and protection the Parliament has enacted the Juvenile Justice (Care and Protection of Children) Act 2000 (JJ Act).

(2.) THE State has challenged an order passed by the learned Principal Magistrate, Juvenile Justice Board (JJB) on 30th November 2005 holding that the statements made by the four respondents (who at that time were juveniles facing proceedings before the JJB in FIR No. 333 of 2005 registered at Police Station (P.S) New Usmanpur) disclosed the commission of cognizable offences by the policemen of that P.S. and consequently directing the Station House Officer (SHO) of P.S. New Usmanpur to register an FIR and give a compliance report to the JJB. The State has also challenged in this petition the order dated 20th December 2005 passed by the learned Additional Sessions Judge (ASJ) dismissing the Criminal Revision Petition No. 138 of 2005 filed by it against the aforementioned order dated 30th November 2005 passed by the learned Principal Magistrate, JJB.

(3.) THE State did not accept the above order and filed Criminal revision Petition No. 138 of 2005 before the learned ASJ who initially granted a stay of the order. By the final order dated 19th December 2005 the learned ASJ dismissed the revision petition. While directing notice in this petition by an order dated 3rd January 2006 this Court stayed the operation of the impugned orders.