PANKAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Having been declined the concession of bail under Sec. 12 of The Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act') vide impugned order dated 21.02.2012 passed by the learned Additional Sessions Judge (Fast Track Court) Rohtak, thereby dismissing the appeal of the petitioner filed under Sec. 52 of the Act against the order dated 2.2.2012 passed by the learned Judicial Magistrate First Class, exercising the powers of Principal Magistrate of Juvenile Justice Board, Rohtak, the petitioner has approached this Court by way of instant criminal revision petition, assailing the orders dated 21.2.2012, and dated 2.2.2012.

(2.) Notice of motion was issued.

(3.) The facts of the case, when put into narrow compass, are that FIR No. 650 dated 23.11.2011 under Sections 148, 149, 324, 302 of the Indian Penal Code ('IPC' for short) registered at Police Station Civil Lines, Rohtak (Annexure P-1) was lodged on the statement of Rocky son of Dharampal against the petitioner and his another co-accused. It is pertinent to note here that complainant- Rocky was admitted in PGIMS, Rohtak and he died on 4.12.2011. Consequently, the FIR which was initially registered under Sections 148, 149, 324 IPC, the offence under Sec. 302 Indian Penal Code was added thereto. On conclusion of the investigation, report under Sec. 173 Crimial P.C. was presented before the learned court of competent jurisdiction under Sections 324, 302, 34 Penal Code. Petitioner was put under arrest on 7.12.2011. However, since the petitioner was found less than 18 years of age, he was declared juvenile in conflict with law vide order dated 19.1.2012, passed by the learned Judicial Magistrate 1st Class-cum- Principal Magistrate, Juvenile Justice Board, Rohtak.