Mohd. Imran Ansari Thr. His Legal Guardian Mohd. Shafique Ansari v. State Of Mah. Thr. Pso Ps Khapa Tehsil Tq.Saoner And Dist.Nagpur (Rural) Mah.

Judgment wp135.22 2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.135 OF 2022 Mohd.Imran Ansari, Aged about : 17 years, Through his legal guardian Mohd.Shafique Ansari, Aged about 38 years, occupation : Nil, R/o 605, Sangharsh Nagar, Pili Nadi, Uppalwadi, Nagpur, Maharashtra - 440 026. ..... Petitioner. :: V E R S U S ::

State of Maharashtra, Through PSO, Khapa Police Station Tahsil, Taluka Saoner and District Nagpur (Rural) Maharashtra - 44 1 107. ..... Respondent. =================================== Ms G.W.Sambare, Counsel for the Petitioner.

Shri I.J.Damle, Addl.P.P. for the State.

=================================== CORAM : SUNIL B.SHUKRE & G.A.SANAP, JJ.

DATE : JUNE 06, 2022 ORAL JUDGMENT (Per : Sunil B.Shukre, J.) 1.

Heard learned counsel Ms G.W.Sambare for the petitioner and learned Additional Public Prosecutor Shri I.J.Damle for the State. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for parties.

2.

On going through the report of the Juvenile Justice Board, Nagpur dated 17.5.2022, it becomes clear that on the date of the offence the petitioner was 17 years, two months, and one day old and thus a .....2/-

Judgment wp135.22 2 juvenile is in conflict with law. This Court makes it clear to the Investigating Officer to immediately produce the petitioner before the Juvenile Justice Board, Nagpur for being dealt with in accordance with law, including his release on bail on suitable conditions. 3.

Accordingly, we direct Khapa Police Station, Nagpur to produce the petitioner before the Juvenile Justice Board, Nagpur within a period of three days from the date of the order of this Court and upon such production, the Juvenile Justice Board, Nagpur shall deal with the petitioner as a juvenile in conflict with law in accordance with law including considering his release on suitable conditions. Rule is made absolute in aforesaid terms. No costs. 4.

Authenticate copy of this order be furnished to learned counsel for both parties to be acted upon.

JUDGE JUDGE Digitally signed by BHUSHAN RANA WANKHEDE Date:

2022.06.06 18:26:47 +0530 !! BRW !!

BHUSHAN RANA WANKHEDE ...../-