AKHASH KUMAR Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) The present petition has been preferred as a writ of Habeas Corpus on the ground that the petitioner, namely, Akash Kumar is in illegal custody by the order of Judicial Magistrate, 1st Class, Ranchi in G.R. No. 2366 of 2013 dated 27th May, 2013 which is at Annexure-5.

(2.) Learned counsel appearing for the petitioner has argued out the case at much length on the basis of Juvenile Justice Act, 2000 and has submitted that Judicial Magistrate, 1st Class has no power in view of Sections 6, 7 and 14 of the Juvenile Justice Act. The Juvenile Justice Board has exclusive power and also this Court has power and such other things have been argued out.

(3.) Mr. Prabhat Singh, learned J.C. to A.A.G. vehemently submitted that this writ of Habeas Corpus is not tenable, at law mainly for the reason that the custody of this petitioner with the State is in pursuance of the order passed by the Judicial Magistrate, 1st Class, Ranchi in G.R. No. 2366 of 2013 dated 27th May, 2013 which is at Annexure-5 to the memo of this writ application. The petitioner cannot file a writ of Habeas Corpus when the State is having legal custody of the petitioner in pursuance of the judicial order. Thus, the very ingredient of the writ of Habeas Corpus is absent and, hence, this petition may not be entertained by this Court.