RXXXXX DXXXXX Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present Revision Petition has been filed for quashing of the impugned order dtd. 1/6/2022 passed by the learned Principal Magistrate, Juvenile Justice Board, Gurugram (hereinafter referred to as the JJB) by which the application of the petitioner/child-in-conflict with law (hereinafter mentioned as CCL) by which permission sought to travel abroad for higher education was declined and also order dtd. 27/6/2022 passed by the learned Addl. Sessions Judge, Gurugram by which the appeal filed by the petitioner/CCL was dismissed. Facts of the case:

(2.) FIR No. 83 dtd. 23/8/2020 was lodged on the basis of the statement made by the complainant that in the morning at about 5:45 AM, he started on his motorcycle for going to Greater Noida (UP) alongwith his friend namely Alok Gupta and they were also to go to Mahamaya Greater Noida (UP) and he parked his motorcycle No. HR26CRT 2403 Mark Harley Davidson near the Petrol Pump of Sector 56. They both started from there for Noida and had worn all protective gears and they both started on their respective motorcycles following each other and reached ahead of Rapid Metro Station DLF Phase-II, Gurugram near Belvedare Park and his friend Alok Gupta was ahead of him. At that time, the driver of Ford Figo car No. HR51BN 8332 came from the side of Shankar Chowk at fast speed and driving negligently struck against the divider in the midst of road and after breaking the fence and coming up on wrong side, and after striking against Metro Pillar struck against the motorcycle of his friend Alok Gupta. Because of the striking, the motorcycle of his friend fell down and his friend received many injuries. At that time, he called the Ambulance on the spot and got admitted his friend to a hospital at Gurugram for treatment. However, due to injuries suffered in accident, his friend unfortunately died. As per the allegations, the accident has been caused by driving the car at fast speed and negligently and his friend had died due to injuries suffered by the accident. Initially the FIR was registered under Ss. 279 and 304-A IPC but thereafter Ss. 304-II IPC and Sec. 199A of the Motor Vechile Act were added and it was alleged that the petitioner instigated the car driver to drive the car at fast speed. Thereafter, challan was presented under Ss. 304-II read with Sec. 114 IPC.

(3.) The petitioner and the driver of the car being juveniles were proceeded under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the JJ Act) and consequently inquiry against them had commenced. The petitioner thereafter moved an application before the JJB seeking renewal of his passport on the ground that he has been selected to pursue graduation course in Columbia College at Chicago, US which is a course of four years commencing from 6th of September 2022 and he has to apply for visa which can be granted only when the passpart is renewed. This application of the petitioner was allowed by the JJB on 2/4/2022 vide Annexure P-2 to the effect that the passport authority was at liberty to consider the renewal of the passport of the applicant-CCL for a period of five years in accordance with law and as per the prevailing rules and guidelines. It was however made clear that the renewal of passport, if any, in favour of the petitioner will not confer any right upon him and he shall seek requisite permission from the Board in case he intends to travel abroad or visit some foreign country. Thereafter, the petitioner moved an application for permission to travel abroad vide Annexure P-5 on the ground that the petitioner wishes to pursue a degree of Music at Columbia College at Chicago and the course is of four years. He also undertook to appear before the Court through his counsel or through his natural guardian. The aforesaid application seeking permission to travel abroad was dismisssed by the Principal Judge, Juvenile Justice Board, Gurugram on 1/6/2022. The petitioner filed an appeal assailing the aforesaid order before the learned Addl. Sessions Judge, Gurugram and the appeal was also dismissed vide order dtd. 27/6/2022 and against the aforesaid two orders the present Revision Petition has been preferred by the petitioner. Submissions made by learned counsels for parties and Amicus Curiae