PINTU SURESHBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor Ms. Bhatt and learned advocate Mr. A.R. Rathor waive service of notice of rule on behalf of respondent Nos.1 & 2 respectively. With the consent of learned advocates on both the sides, the matter is heard today finally.

(2.) 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, is the question that has come up for consideration before this Court in this petition.

(3.) The facts in brief, as emerging from the record, are that in connection with an incident that took place on 22.09.2018, a complaint being C.R. No. I 62 of 2018 came to be registered with Vagdod Police Station, District Patan against the petitioner herein and other accused persons on 23.09.2018 for the offences punishable under Sections 302, 506(2), 201 and 34 of IPC and Section 135 of the Gujarat Police Act. In this matter, a child found to be in conflict with law was apprehended and produced before the Juvenile Justice Board, Patan (for short, "the Board") and the case was numbered as Juvenile Case No.140 of 2018. The offence alleged was found to be heinous. The Board made preliminary assessment under Section 15 of the Act and thereafter, passed the order dated 14.12.2018, by which the trial of the child was ordered to be transferred to the competent Children's Court at Patan under the provisions of Section 15 read with Section 18(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, "the Act").