JOGIRAJBHAI BHARATBHAI KARPADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Ashish M.Dagli, learned advocate for the applicant states that revision application has been filed under Sec. 102 of the Juvenile Justice (Care And Protection) of Children Act, 2015 (for short 'J.J. Act'), challenging the order dtd. 4/7/2022 passed in Criminal Appeal No.7 of 2021 by the Children's Court, Surendranagar, where the order dtd. 11/6/2021 passed by Juvenile Justice Board, Surendranagar was put under challenge.

(2.) Mr. Dagli referring to the order in Criminal Appeal No.7 of 2021, submitted that the learned Children's Court, while observing the report of the Probation Officer, wherein it has been noted that the officer had not personally met the children to state about the physical condition and emotional factor, has rejected the prayer of reconsidering the order under Sec. 15 of the J.J. Act.

(3.) Advocate Mr. Dagli submitted that the preliminary assessment report is a condition precedent for passing any order under Sec. 15 of the J.J. Act, and as per the order of the Children's Court, the J.J. Board had taken into consideration the psychiatric and probation officer reports; the recommendation made by the probationer officer is without meeting the juvenile in conflict with law. Mr. Dagli stated that when the order under Sec. 15 is placed under challenge before the Children's Court by way of appeal, then Sec. 101 sub- sec. (2) clarifies that when deciding the appeal, the Court has to take the assistance of experience psychologist and medical specialist other than those whose assistance has been obtained by the Board for passing the order under the said Sec. .