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2004 DIGILAW 714 (JHR)

ABHAY KUMAR SINGH v. STATE OF JHARKHAND

2004-07-16

LAKSHMANA RAO

body2004
Judgment : LAKSHMANA RAO, J. ( 1 ) HEARD learned Counsel of both the parties. ( 2 ) IN this Writ Application, the petitioner has prayed for quashing the entire Criminal prosecution in Sarwan P. S. Case No. 81 of 2000 corresponding to T. R. No. 1038 of 2004 pending in the Court of Addl. Chief judicial Magistrate, Deoghar and also for a direction of release of the petitioner forthwith from the Jail custody on the ground that the petitioner is a juvenile and he is in custody since 6-11-2000 along with other criminals and the total period of detention i. e. 30 days in remand home including three years eight months which is still continuing, is three years nine months. ( 3 ) LEARNED counsel for the petitioner has submitted that in spite of direction of this court (Annexure 4) up till now the petitioner has been detained in custody under the juvenile Justice Act. The enquiry also could not be concluded but the substance of accusation has been explained on 16-9-2003. ( 4 ) LEARNED counsel for the petitioner very frankly submitted that earlier the petitioner has moved before the Honble Apex Court but the prayer for bail of the petitioner was rejected before taking advantage of Juvenile justice Act. After the rejection of the bail, on enquiry it reveals that the petitioner is a juvenile and his age was declared to be 15 years 9 months 10 days on the alleged date of occurrence. This Court directed the trial court that the petitioner be detained in appropriate custody under the Act but up till now that order has not yet been complied. ( 5 ) IN course of argument, learned Counsel for the petitioner has referred the Juvenile justice Act, 1986 regarding the period of detention which should not be more than three years which is within the jurisdiction of the competent Magistrate where the enquiry is pending. It was also submitted that the petitioner remained in custody for more than three years, hence he cannot be sentenced. The entire criminal proceeding has become infructuous. ( 6 ) LEARNED J. C. to G. P.-II has submitted that the conclusion of enquiry is not a bar. In course of enquiry the petitioner may be found innocent or he may be held guilty but the sentence is debar. The entire criminal proceeding has become infructuous. ( 6 ) LEARNED J. C. to G. P.-II has submitted that the conclusion of enquiry is not a bar. In course of enquiry the petitioner may be found innocent or he may be held guilty but the sentence is debar. It is well settled that the Juvenile cannot be sentenced and the total period of sentence is three years. In the present case the petitioner has already served the detention period for more than three years eight months and is still in custody without any special provisions in the custody under the Act. ( 7 ) CONSIDERING the above fact and circumstances of the case, the petitioner be released forthwith from custody without executing any bond or surety. However, it is made clear that enquiry proceeding under juvenile Justice Act has to be concluded within a period of three months from the date of receipt of a copy of this order, failing which the Criminal Proceeding in respect of sarwan P. S. Case No. 81/2000 registered under Section 302 read with Section 34, i. P. C. and under Section 27 of the Arms Act shall stood automatically quashed, subject to the conditions that the petitioner must attend the Court-below on each and every date fixed by the Court-below, so that the enquiry may be concluded within the prescribed period of three months. ( 8 ) WITH the aforesaid observations and direction, this application is disposed of. Order accordingly. --- *** --- .