Research › Search › Judgment

J&K High Court · body

2017 DIGILAW 546 (JK)

Anil Kumar v. State

2017-08-04

B.S.WALIA

body2017
ORDER : 1. Grievance of the petitioner is that although he was discharged in the criminal cases registered pursuant to FIR Nos. 72/2012 and 59/2012 Police Station, Arnia under section 454/380/34 R.P.C and 454/380/411 R.P.C. respectively by giving him the benefit of the Juvenile Justice Act by the Juvenile Justice Court and learned Writ Court in its order dated 20.06.2017 in OWP No. 944/2017, while taking note of the provisions of the Section 20 of J&K Juvenile Court (Care and protection of Children) Act, 2013 directed SHO, Police Station Arnia, Jammu to take note of the order of the Judicial Magistrate (1st Class) Bishnah as also the provisions of the Section-20 of the aforesaid Act and issue appropriate certificate in favour of the petitioner but still the certificate issued by SHO, Police Station Arnia, Jammu merely records involvement of the petitioner in the aforementioned two FIRs without mentioning that he stands discharged in the aforementioned two cases. 2. Learned counsel for the petitioner contends that the petitioner has to appear before the Army Authorities for selection as a Sepoy on Tuesday i.e. 08.08.2017 and in the absence of appropriate certificate having been issued by SHO Police Station Arnia, Jammu, the certificate (Annexure-E) as already issued would stand in the way of the selection of the petitioner. 3. I have considered the submission of the learned counsel for the petitioner. Strictly speaking, the writ petition is pre-mature. However, taking into account the facts and the circumstances of the case, learned counsel for the petitioner is permitted to implead Union of India through the Secretary, Ministry of Defence, Government of India, New Delhi as also the Director, Recruitment, Army Head Quarters, New Delhi by making a table amendment in the presence of the Reader of this Court to implead the aforesaid persons as respondent Nos. 5 and 6 respectively. 4. In the circumstances, notice of motion to respondent Nos. 5 and 6 only. Mrs. Sindhu Sharma, learned ASGI accepts notice on behalf of respondent Nos. 5 and 6. 5. 5 and 6 respectively. 4. In the circumstances, notice of motion to respondent Nos. 5 and 6 only. Mrs. Sindhu Sharma, learned ASGI accepts notice on behalf of respondent Nos. 5 and 6. 5. After hearing learned counsel for the parties, it is deemed appropriate to dispose of the writ petition by granting liberty to the petitioner to produce the copy of the order of discharge passed by the Juvenile Justice Court in the aforementioned two FIRs as also the certificate issue by the SHO Police Station Arnia, Jammu and also cite the provisions of the J&K Juvenile Justice (Care and Protection of Children) Act, 2013 before the Army Authorities at the appropriate time for their consideration in accordance with law while assessing the eligibility of the petitioner for recruitment in the Indian Army as a Sepoy. 6. Needless to mention, the army authorities would consider the claim of the petitioner, subject to verification of the factual position and the provisions of the law applicable. 7. With the aforementioned directions, writ petition stands disposed of alongwith connected MP(s). 8. Copy of this order be provided to the learned counsel for the petitioner under the seal and signatures of the Bench Secretary to this Court.