STATE OF HIMACHAL PRADESH Vs. MONU

JUDGEMENT

(1.) By way of instant criminal revision petition filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "the Act"), challenge has been laid to order dated 3.10.2018, passed by the learned Principal Magistrate, Juvenile Justice Board, Solan, District Solan, HP, in Criminal Misc. Application No. 17-4 of 2018, under S.379 read with S.34 IPC, whereby final report submitted by the concerned police station has been returned being not in consonance with the law.

(2.) Case under aforesaid provisions came to be registered against the respondent-accused (in short "the accused") on 10.12.2016, vide FIR No. 321, dated 10.12.2016 registered at Police Station, Baddi, Solan, Himachal Pradesh.

(3.) As per Rule 10 (6) of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, final report after investigation of the case is required to be filed by the Investigating Agency before the Juvenile Justice Board at the earliest and in any case, not beyond the period of two months from the date of information to the police. Since in the case at hand, final report came to be filed before Juvenile Justice Board after the prescribed period of two months, Juvenile Justice Board vide impugned order dated 3.10.2018, returned the final report to the concerned Police Station. In the aforesaid backdrop, State has approached this Court in the instant proceedings, praying therein to set-aside impugned order dated 3.10.2018 and to punish the accused in accordance with law.