DHEERAJ BADONI Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) This Revision, which has been preferred by the Revisionist invoking provisions contained under Sec. 401 of the Cr.P.C. to be read with 102 of Juvenile Justice (Care and Protection) Act, 2015. In order to elucidate the arguments, which has been extended by the learned counsel for the revisionist, it becomes necessary to deal with the extent of power the Revisional Court can exercise, while exercising its power under Sec. 401 to be read with Sec. 102 of the Juvenile Justice (Care and Protection) Act, 2015.

(2.) The provisions contained under Sec. 401 as would be apparent from its language and intend, it confers the powers on the High Court to either to take su moto action or to take an action when it comes to its' "knowledge". The High Court may at its' "discretion" can exercise any of its of powers conferred on a court of appeal under Ss. 386, 389, 390 and 391 of the Cr.P.C. or on a Court of Session by Sec. 307. What is relevant for the High Court to exercise its revisional power under 401 is the knowledge of a circumstances and exercise of its discretion in order to meet its objective of being custodian of law. Sec. 401 of the Code of Criminal Procedure Code reads as under :-

(3.) Similar is the legislative intent, which has been expressed by Sec. 102 of the Juvenile Justice Act, under which too, the present revision has been preferred, which too, almost intends to postulate the same intention and extent of powers which the High Court can exercise while exercising its revisional powers against an order or a motion or an application which has been perceived under the provision contained under Juvenile Justice (Care and Protection) Act, 2015. Sec. 102 of the Juvenile Justice Act reads as under :-