STATE OF SIKKIM Vs. DIVYA BISWAKARMA

JUDGEMENT

(1.) Learned Principal Magistrate, Juvenile Justice Board, West District at Gyalshing vide her letter/Memo No. 544/2014/CJJM (W) dated 26th May, 2014, has referred this matter to this Court stating therein that she has decided the Juvenile Justice Board Case No. 07 of 2013, vide judgment dated 31st October, 2013, sitting alone, whereas as per proviso to Section 5 (3) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, 'the Act of 2000'), any matter of Juvenile Justice Board has to be decided finally by at least two members of the Board including the Principal Magistrate. She has further mentioned that the said judgment is contrary to proviso of Section 5(3) of the Act of 2000. However, the Board does not have any power to recall such an order, therefore, this Court should pass an appropriate order. The aforesaid letter was ordered to be registered as Crl. Revision Petition.

(2.) The Revision Petition was admitted and notice was issued to the respondent. The service of notice upon respondent is complete, but neither respondent nor her representative is present on her behalf.

(3.) A similar SB Crl. Revision Petition No. 05 of 2014 State of Sikkim vs. Prakash Chettri, was heard and disposed of by this Court vide judgment dated 02.06.2014, wherein this Court took a view that the case should have been disposed off finally by the Juvenile Justice Board consisting of at least two members including the Principal Magistrate, the order of Juvenile Justice Board was set aside and the case was remanded to Juvenile Justice Board, West Sikkim at Gyalshing for deciding the case afresh. Paragraphs 3, 4 and 5 of the said judgment are reproduced as under: -