KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

(2.) Instant revision petition has been preferred against the order dtd. 21/12/2020 (Annexure P-3) passed by the Principal Magistrate, Juvenile Justice Board, Kaithal declining the application of the Child in conflict with law under Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act 2015 and the order dtd. 13/1/2021, passed by the Court of learned Sessions Judge, Kaithal in appeal.

(3.) Learned counsel for the petitioner has referred to the order passed by the Principal Magistrate, Juvenile Justice Board, Kaithal and to the averments made by the Assistant Public Prosecutor, wherein, it is acknowledged by the State that there is no material on record to show that the release of child in conflict with law or is likely to bring them into association with any known-criminal or to expose them to moral, physical or psychological danger and then to submit that their release would defeat the ends of justice, as the children in conflict with law have been involved in the offence with other hardened criminals. By placing reliance on the same, it has been submitted that the application for release of the child in conflict has been rejected ignoring the mandate of Sec. 12 of Juvenile Justice(Care and Protection of Children) Act, 2015.