LAWS(TLNG)-2023-4-63

MOHD. KAMRANULLAH KHAN Vs. STATE OF TELANGANA

Decided On April 24, 2023
Mohd. Kamranullah Khan Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) The criminal revision case is filed seeking to set aside the order in criminal appeal No.51 of 2023 in S.C.PCS.No.380 of 2022, dtd. 31/3/2023 on the file of Special Judge for Trial of Protection of Children from Sexual Offences Act Cases-cum-XII Additional Metropolitan Sessions Judge for the Trial of Cases under POCSO Sexual Offences, Hyderabad confirming the order passed in C.C.No.322 of 2022 dtd. 30/9/2022 on the file of V Additional Chief Metropolitan Magistrate Court'cum-Principal Magistrate of Juvenile Justice Board, Hyderabad.

(2.) Heard Sri Vinod Kumar Deshpande, learned Senior Counsel representing Ms.Devineni Radha Rani, learned counsel for the petitioner and Sri C.Pratap Reddy, learned Public Prosecutor appearing for respondent. Perused the record.

(3.) It is the specific contention of the learned Senior Counsel that the orders were passed treating the Juvenile as adults and there are deviations in the orders of the learned Magistrate as well as Member and there is non-supply of documents to the child/parent/guardian as contemplated by the Act as well as the Juvenile Justice (Care and Protection of Children) Model Rules, 2016. Further, it is contended that petitioner was apprehended by the Police on 4/6/2022, entire Preliminary assessment report was concluded within one day in a hasty manner. It is contended by the learned Senior Counsel that the orders of the Hon'ble Supreme Court are not properly complied by the Courts below and inspite of specific directions to the Juvenile Courts as per the judgment of Barun Chandra Thakur Vs. Master Bholu and another 2022 SCC Online SC 870, wherein, it has categorically issued the guidelines to be followed by the Juvenile Justice Board as well as the Committee and the Court in view of the various crimes committed by the Juveniles.