KARAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act , 2015 (herein after referred to "the Act of 2015") against the order dated 8/08/2018, passed by the learned II Additional Judge, Khargone(West Nimar), Khargone thereby dismissed the Criminal Appeal No.107/2018 filed by the applicant under the Act of 2015 and affirmed the order dated 3/07/2018, passed by the Juvenile Court, Khargone.

(2.) Brief facts of the case are that one Mangal son of Himmat Singh lodged a report he is having his Mobile shop at Fata Khalbugurg and the cold drink of his maternal uncle Badal son of Bharat Singh is also situated at the same place. On the date of incident, after taking meal jointly at Jain Shree Hotel, the maternal uncle of the applicant along with his son Nirmal, Mangal and applicant went on motorcycle at 11.30 p.m. and they dropped the applicant in front of his house. Thereafter, both of them left for their house at 3.45 a.m. Thereafter, the wife of the maternal uncle of the applicant has called the applicant and told that his husband Badal and Nirmal did not reached home. Upon this, Mangal and his father started searching them and later on, found the dead boy of both Badal and Nirmal near the Kathora road. Thereafter, Mangal lodged a report in the policed station. On the basis of the aforesaid, the police registered a case under Section 302 of IPC. After investigation, the charge-sheet has been filed under Sections 302 , 397 , 34 of IPC and under Section 24(B) of the Arms Act before the Juvenile Board, Khargone against the present applicant and one another.

(3.) The father of the applicant filed application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act , 2015 before the Juvenile Board for custody of his present applicant - Karan. The said application was dismissed by the Juvenile Board vide order dated 3/07/2018. Against the said order, the applicant has preferred an appeal before the learned Sessions Judge, which was also dismissed by order dated 8/08/2018. Being aggrieved by that order, the applicant has filed this revision.