RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the counsel for the petitioner as well as the learned Public Prosecutor.

(2.) It is submitted by the learned counsel for the petitioner that an application under Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 was filed before the Principal Magistrate, Jodhpur but the same was rejected by the Juvenile Justice Board, Jodhpur vide his order dated 05.01.2015 in spite of the report furnished by the Probation Officer and thereafter, the petitioner challenged the validity of the said order by way of an appeal before the learned Sessions Judge, Modhpur Metropolitan, who also dismissed the said appeal vide his order dated 12.01.2015. The learned counsel for the petitioner submits that as per the allegation against the petitioner, no injury was inflicted by him to the deceased Shobha Ram and the injury caused by the petitioner is of simple nature. It is further submitted by the counsel for the petitioner that the petitoner is pursuing a diploma course in Mechanical Branch from polytechnic college and therefore while quashing both the orders dated 02.01.2015 passed by the Juvenile Justice Board, Jodhpur and order dated 05.01.2015 passed by Learned Sessions Judge, Jodhpur Metropolitan, the petitioner may be enlarged on bail.

(3.) The learned Public Prosecutor vehemently opposed the prayer of the petitioner and submits that it is a case in which the petitioner was involved in giving beatings to the deceased with co-accused and due to his participation in the said incident, one person namely Sobha Ram died and thus, the petitioner is not entitled for any relief from this Court.