RAVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the present petition, correctness of the judgment dated 12.01.2017 passed by the learned Additional Sessions Judge, Rohtak, has been challenged.

(2.) By way of impugned order, the Court of Sessions has allowed the appeal filed under Section 101 (2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015') by setting aside the order passed by the Juvenile Justice Board, Rohtak with a direction to the Board to make the preliminary assessment afresh in accordance with Section 15 of the Act of 2015.

(3.) The petitioner is an accused in FIR No.67 dated 28.04.2016 under Section 302/499/120-B/34 IPC and under Sections, 25/54/59 and 30/54/59 of the Arms Act. The petitioner at the time of alleged occurrence was between the age of 16 to 18 years. The Court of Sessions has found that since the order passed by the Juvenile Justice Board does not reflect that the Board conducted preliminary assessment with regard to the child in conflict with the law in accordance with Section 15 of the Act, therefore, the Court of Sessions directed the Board to make a fresh preliminary assessment after taking due extension from the learned Chief Judicial Magistrate, Rohtak.