Dhananjay Sah @ Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.608 of 2018 ===================================== Dhananjay Sah @ Dhananjay Kumar, Son of Dhurendra Sah, Resident of Village- Shampur Bazar, Police StationUchkagaon, District- Gopalganj, under the guardianship of his father namely Dhurendra Sah.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam, Adv. For the State : Mr. Pranav Kumar, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-07-2018 The petitioner has been declared juvenile by the Juvenile Justice Board, Gopalganj and his age has been assessed as seventeen years five months and twenty eight days on the date of the occurrence. He has been made accused in connection with Uchakagaon P.S. Case No. 118 of 2017, instituted for the offences under Sections 147, 148, 149 and 302 of the Indian Penal Code.

From the perusal of the order passed by the learned Juvenile Justice Board, Gopalganj, refusing the

2/4 prayer of the petitioner for being released from the remand home, as also the Appellate Court order dated 28.04.2018, passed by the learned Sessions Judge, Gopalganj in Cr. Appeal No. 17 of 2018, it appears that both the Courts have not at all adverted and assessed the case of the petitioner in terms of Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Section 15 of the Act referred to above, reads as follows:- 15.

Preliminary assessment into heinous offences by Board.-(1) In case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence, and may pass an order in accordance with the provisions of sub-section (3) of section 18:

Provided that for such an assessment, the Board may take the assistance of experienced psychologists or psycho-social workers or other experts.

(2) Where the Board is satisfied on preliminary assessment that the matter should be disposed of by the Board, then the Board shall follow the procedure, as far

3/4 as may be, for trial in summons case under the Code of Criminal Procedure, 1973 (2 of 1974):

Provided that the order of the Board to dispose of the matter shall be appealable under sub-section (2) of section 101.

Provided further that the assessment under this section shall be completed within the period specified in section 14.

For the aforesaid requirement being mandatory in nature, both the orders impugned cannot be sustained in the eyes of law and as such, they are setaside. The case of the petitioner is remitted to the Court of learned Juvenile Justice Board, Gopalganj for writing out a fresh order in accordance with law and after assessing the case of the petitioner in terms of Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The aforesaid order shall be passed without any delay, preferably within a period of four weeks from the date of receipt/production of a copy of this order. Should the petitioner feel aggrieved by the order passed by the learned Juvenile Justice Board, Gopalganj, he would have the liberty to avail of his remedies provided to him under the law in that regard.

4/4 With the aforesaid observation and direction, the present revision petition is disposed of. (Ashutosh Kumar, J) Praveen-II/- U T