JUDGMENT : Sureshwar Thakur, Judge (oral) Since, the instant criminal revision petitions, arise, from a common incident, hence, both are amenable, for a common verdict, being pronounced thereon. 2. Through the instant criminal revision petitions, the state of H.P., challenges the orders, recorded, by the Principal Magistrate, Juvenile Justice (Care and Protection) Board at Shimla, District Shimla, on 11.10.2018, in case No. 66-22 of 2018, and in case No. 67-22 of 2018, (i) where through vis-à-vis, the offences, constituted, under the provisions of Section(s) 302, 341, 323 and 506, read with Section 34 of the IPC and Section 3(1)(s) of SC & ST (POA) Amendment Act, 2015, the juveniles in conflict with law, were granted the facility of bail. The juveniles in conflict, with law, un-controvertedly, at the time contemporaneous vis-à-vis, theirs hence committing, the, afore offences, were aged 16 years. Consequently, the mandate, borne in Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015, (hereinafter referred to as ?the Act?, for short), provisions whereof are extracted hereinafter: “15. Preliminary assessment into heinous offences by Board: (I) Incase of a heinous offence alleged to have been committed by a child, who has completed or his 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 alleged committed the offence, and may pass an order in accordance with the provisions of sub-section (3) of Section 18. as applicable vis-à-vis, the stage, contemporaneous to the juveniles in conflict with law, hence committing the afore offence, is required to be extracted, for, (i) hence therefrom making a determination, whether, without adherence rather by the Juvenile Justice Board, vis-àvis, the mandate borne therein, the order impugned, is, valid or invalid.
as applicable vis-à-vis, the stage, contemporaneous to the juveniles in conflict with law, hence committing the afore offence, is required to be extracted, for, (i) hence therefrom making a determination, whether, without adherence rather by the Juvenile Justice Board, vis-àvis, the mandate borne therein, the order impugned, is, valid or invalid. A perusal of the mandate, borne in Section 15, of, the Act, (ii) underscores that, vis-à-vis, the occurrence of heinous offence(s), as is/are the one(s), hence allegedly committed, by the juvenile/child, in conflict with law, and, with the latter being, at the stage of theirs allegedly committing the offence, hence, aged 16 years, as evidently, the children, hereat, are (iii) thereupon it being incumbent, upon, the Board, to, hence ensure, the, conducting, of the, mandatory preliminary assessment, a) with regard to their mental, and, physical capacity hence to commit such offence, b) visà- vis, ability to understand, the, consequences of the offence, and, c) the circumstances in which they allegedly committed, the offences, (d) and, thereafter rather power is bestowed, upon, the juvenile justice Board, to make an order, in accordance, with the provisions of sub-Section (3) of Section 18 of the Act, provisions whereof are extracted hereinafter: “18(3)Orders regarding child found to be in conflict with law- Where the Board after preliminary assessment under Section 15 pass an order that there is a need for trial of the said child as an adult, then the Board may order transfer of the trial of the case to the Children?s Court having jurisdiction to try such offences.” Also perusal thereof rather makes a clear graphic underlining(s), vis-à-vis, after, the Board receiving the afore preliminary assessment, it being empowered, to determine qua, hence any necessity arising, for the child being tried, as an adult, (b) and also it being further empowered, to make, an order for transferring the case, to the Children's Court, hence holding the jurisdiction, to try, the requisite offences. Furthermore, Section 19 of the Act, stipulates, the powers bestowed, upon, the Children's Court, and, one amongst the powers, as embodied in sub-clause (ii) of sub-Section (1) of Section 19 of the Act, provisions whereof stand extracted hereinafter: ?19(1)(ii) Powers of Children's Court: there is noneed for trial of the child as an adult and may conduct an inquiry as a Board and pass appropriate orders in accordance with the provisions of Section 18.?
And, bestowed upon the Children's Court, is qua it, making a conclusion, for theirs' being no need for trial of the child, as an adult, and, thereafter, it, being bestowed, with the jurisdiction, to conduct, an inquiry as a Board, and, pass appropriate orders, in accordance with the provisions, of, Section 18, of, the Act. 3.
And, bestowed upon the Children's Court, is qua it, making a conclusion, for theirs' being no need for trial of the child, as an adult, and, thereafter, it, being bestowed, with the jurisdiction, to conduct, an inquiry as a Board, and, pass appropriate orders, in accordance with the provisions, of, Section 18, of, the Act. 3. Even though, the afore mandate, borne in sub-clause(ii) of sub-Section (1) of Section 19, of the Act, (a) hence may be construable to be a bestowal upon, the Children's Court, to pass/render all orders, alike the one, which are renderable, under Section 12 of the Act, (b) yet, the afore powers, are, exercisable by the Children's Court, only after strictest adherence being meted, vis-à-vis, the mandate, enshrined in Section 15 of the Act, (c) and, when adherence, vis-à-vis, the mandates, borne in Section 15 of the Act, enjoins mandatory, and, strictest compliance, vis-à-vis, the apt statutory contemplation(s), appertaining to, holding, of, preliminary assessment(s), vis-à-vis, the afore facets, (d) and, even though, sub-section (2) of Section 15 of the Act, bestows also upon the Board, upon the latter, receiving hence the preliminary assessment(s), vis-à-vis, the afore facets, rather, also the apt empowerment hence to inquire into the offences, allegedly committed, by the juveniles in conflict with law, (e) and, when hence, thereafter the exercise of jurisdiction, under, Section 12 of the Act, either by the Children Court, or by the Juvenile Justice Board, rather would be valid, (f) nonetheless, when the afore mandatory hence precursory(s), for therethrough the Board rather validly exercising, the apt jurisdiction, bestowed upon it, under Section 12 of the Act, and, mandatory precursory(ies) whereof enjoin(s) it, to, given the child, evidently, at the relevant stage, of, his committing the offence(s), being aged 16 years, (g) rather to ensure the conducting, of, a preliminary assessment, vis-à-vis, the afore facets, and, whereas the afore statutory precursory(ies), rather remaining un-recoursed, by the Juvenile Justice Board, (h) thereupon, when hence the apt statutory satisfactions, within, the ambit of Section 15 of the Act, remaining not recorded, by the Juvenile Justice Board, nor thereafter, vis-à-vis, upon the Juvenile Justice Board, hence applying its judicial mind, vis-à-vis, the preliminary assessment of the child, rather deeming it fit, to make a reference to the Children's Court, for enabling the latter, to mete adherence, vis-à-vis, the mandate of Section 19 of the Act, for thereafter, hence ensuring qua the Children's Court, upon its making a conclusion, within, the ambit, of sub-clause (ii) of sub-Section (I) of Section 19, vis-à-vis, it rather inquiring, into, the allegedly committed offences, (h) whereupon, it, may be capacitated to make an order, hence within the ambit of Section 12 of the Act.
Consequently, for all the afore statutory omissions, and, when only upon the apt statutory recoursing(s), hence being made, would rather render validated the, exercise of jurisdiction, under, Section 12 of the Act, by the Board, (I) whereas, non-recoursing(s) thereof, render, the impugned order, to be made hence at an inchoate stage. Consequently, the impugned order is quashed and set aside. However, liberty, is reserved, to, after conclusion, of, the preliminary assessment, of, the juvenile in conflict with law, hence his/their moving, the appropriate application, either before the Juvenile Justice Board, or the case may, before the Children's Court, and upon the afore motion being made either therebefore(s), hence the afores, are directed to, in accordance with law, render an appropriate order thereon. 4. In view of this, the revision petition is disposed of. Also, the pending application(s),if any, are also disposed of. No costs.