ANKESH GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This bench has been constituted to resolve the controversy referred by Hon. the Chief Justice stemming from difference of opinions between two single benches of this court.

(2.) Noticing the cleavage of opinions between two single benches manifested by the order dated 22/10/2020 in Misc. Criminal Case 41359-2020 CCL (Child In Conflict with Law) Vs. State of M.P. and order dated 4/11/2020 in Criminal Revision 2112 of 2020 Ankesh Gurjar @ Ankit Gurjar Vs. State of M.P. the following questions have been framed in both cases :-

(3.) From perusal of the controversy delineated in the aforesaid questions framed, this court would like to dwell upon the cardinal and seminal issue as detailed below since the same shall provide the necessary platform to answer the aforesaid questions :-