KABULI MOHANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Mr. Smruti Ranjan Parija, learned counsel for the petitioner and Mr. Mishra, learned Addl. Standing Counsel for the State. In the present revision, challenge has been made to an order dated 29.10.2008 passed by the learned Principal Magistrate, Juvenile Justice Board, Jajpur in G.R. Case No.29 of 2008 whereby the Board has been pleased to reject the petitioners application under Rule -13(7) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (in short '2007 Rules) on the ground that the offence under Section 379 IPC for which the petitioner has been charged, appears to be 'serious offence and the ends of justice requires rejection of the same. Rule -13(7) of 2007 Rules is quoted herein below :

(2.) MR . Parija submits that though under Rule 13(7), 'serious offence has not been defined, but 'non -serious offences have been categorized under Rule -11(9) which is quoted herein below : -

(3.) IN the present case, the petitioner has been charged for an offence under Section 379 IPC and the maximum punishment prescribed thereunder is for a term of imprisonment which may extend to three years or fine or with both. Therefore, the offence for which the petitioner has been charged i.e., Section 379 would fall under the category of offence of 'non -serious nature and consequently the Juvenile Board in terms of Rule -13(7) was required to complete the inquiry within a period of four months and not beyond six months. The failure of the Board to complete the inquiry within the period would entail the juvenile with a right to seek for termination of the proceeding.