AVEEK SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure.

(2.) Petitioner, the Editor of 'Anandabazar Patrika' challenged the order impugned dated 15.09.2011 passed by the Learned Principal Magistrate, Juvenile Justice Board, Kolkata. By the impugned order the Learned Principal Magistrate of Juvenile Justice Board took cognizance of violation of the provision of Section 21(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 and issued summons against the petitioner. Shortly stated the facts of the present application are that two emails on 08.09.2011 and 09.09.2011 were sent to media 'Aaj Tak', claiming the responsibility of bomb blast at Delhi and Ahmedabad. An enquiry was initiated by Special Task Force (S.T.F.). On enquiry, it transpired that one mail i.d which had been connected with another mail i.d and one mobile phone number were used for sending the said emails. The user of the mobile phone number was contacted.

(3.) The user of the mobile phone number along with his son visited the office of Special Task Force for further verification of the mobile phone in question. On interrogation the son of the user of the mobile phone disclosed in presence of his father that he created the mail i.d from his mobile and with the help of Airtel Sim Card and internet service sent the mails to the media 'Aaj Tak' through the said mail i.d twice on 08.09.2011 and 09.09.2011. After conclusion of enquiry, a complaint was lodged before D.C., Special Task Force, Kolkata, against the son of the user of the mobile phone. During course of investigation that boy was taken into custody. Thereafter, the information of arrest of the Juvenile was provided to the newspaper through a news conference held by a Senior Officer attached to the Special Task Force (STF) police, Kolkata. As per the information provided by such officer, a news item was published by several newspapers including Anandabazar Patrika. The Juvenile Justice Board, Kolkata, District suo motu took cognizance, on the basis of newspaper publication and telecast of the news naming the sender of email in television channel and was pleased to conclude that such publication relating to that Juvenile in conflict with law with the address of such juvenile and in some cases the name of the school of the Juvenile had been reported and such report was sufficient to identify the Juvenile in conflict with law. It appeared to the Juvenile Justice Board that an offence punishable under Section 21(1) of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter referred to as the said Act of 2000) had been committed. Accordingly, the Board was pleased to take cognizance thereof by its order dated 15.09.2011 and issued summons upon the accused persons including the petitioner.