NEERAJ AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE Petitioners, who are juvenile, have filed this revision petition against the order dated 14.1.2005 and judgment dated 13.5.2005, passed by Principal Magistrate, Juvenile Justice Board, Sonepat and Additional Sessions Judge, Sonepat, respectively, vide which their application under Section 258 of the Code of Criminal Procedure (hereinafter referred as 'the Code') for dropping the inquiry/trial against them has been dismissed.

(2.) THE Petitioners are accused in case FIR No. 59 dated 10.3.2002 under Sections 364, 392, 201, 120 -B, 34 IPC, registered at Police Station Civil Lines, Sonepat. Since all the accused were below the age of 18 years at the time of the alleged occurrence, therefore, challan against them was filed by the police before the Juvenile Justice Board, Sonepat (hereinafter referred as 'the Board'). Thereafter, on the request of the defence counsel, the case was adjourned to 13.8.2004 and 17.9.2004 for consideration on notice of accusation.

(3.) THE Board, vide order dated 14.1.2005, dismissed the aforesaid application while holding that due to heavy pendency of civil as well as criminal cases, it was not possible for the Board to conclude the inquiry in all the cases within a period of four months. It was observed that though under Section 14 of the Act, the inquiry in cases relating to juvenile has to be completed within a period of four months from the date of its commencement unless the period is extended by the Board having regard to the circumstances of the case and in special cases after recording the reasons in writing for such extension, but the said provision is not mandatory and if the time was not extended, it can be extended subsequently. Merely on the ground that inquiry in such cases is not complete within the stipulated period, the proceedings cannot be dropped.