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2025 DIGILAW 586 (MP)

Child In Conflict With Law H. S. v. State Of Madhya Pradesh

2025-09-08

GAJENDRA SINGH

body2025
ORDER : Gajendra Singh, J. This criminal revision under section 102 of the Juvenile Justice (Care and Protection of Children), Act, 2015 (for short 'the JJ Act, 2015 ) is preferred being aggrieved by the judgment dated 09.07.2025 in criminal appeal no.154/2025 by Special Judge/21st Additional Sessions Judge, Indore arising out of order dated 24.06.2025 by Principal Magistrate, Juvenile Justice Board, Indore whereby child in conflict with law apprehended in connection with crime no.408/25 registered at police station Kishanganj, Indore has been denied the benefit of section 12 of the JJ Act, 2015 and the application for supurdgi has been denied. 2. As per the prosecution case, the child in conflict with law was apprehended on 17.06.2025 and on search 1 kg. 35 gm. ganja was recovered from his possession. 3. The Principal Judge, Juvenile Justice Board, Ujjain declined the supurdgi referring that he requires institutional rehabilitation and Children's Court, Ujjain declined the supurdgi of the child in conflict with law on the ground that if the supurdgi is given then there is possibility that he will be in association of persons having criminal background and it will be against the interest of the child in conflict with law and will frustrate the purpose of the JJ Act, 2015. 4. This criminal revision is preferred on the ground that the impugned order has been passed ignoring the provisions of section 12 of the JJ Act, 2015. 5. Heard. Perused the report dated 11.08.2025 in which no previous exposure is mentioned and it is recommended that the child be provided an opportunity for improvement. Further the report of Observation Home dated 01.09.2025 is in favour of the child in conflict with law. 6. Counsel for the State has opposed the revision petition. 7. The trial court as well as the children court has dismissed the application without calling the social investigation report. Social investigation report produced before this court mention that there is no previous exposure of the child in conflict with law to criminal activity. 8. 6. Counsel for the State has opposed the revision petition. 7. The trial court as well as the children court has dismissed the application without calling the social investigation report. Social investigation report produced before this court mention that there is no previous exposure of the child in conflict with law to criminal activity. 8. Considering the social investigation report, this revision is allowed and the impugned order is hereby set aside and it is directed that the juvenile shall be released on bail and handed over to the custody of his guardian on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand) with one solvent Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the Juvenile Justice Board, Indore subject to the condition that the guardian of the juvenile shall keep watch over him during the period of his release and keep him present on each and every date of appearance before the Juvenile Justice Board and shall not allow the minor to come into association with any known/unknown criminals and further ensure that his release shall not defeat the ends of justice in any manner. 9. It is further directed that Probation Officer shall periodically keep vigilance over the child conflicted with law and observe his activities and in the event of any adversity noticed by him, he shall inform the Juvenile Justice Board and the Board after proper enquiry if found the activities of the conflicted child adverse to law may send the juvenile to child reformation centre and in such condition this order regarding granting of child custody shall stand automatically cancelled without further reference to this Court. 10. In the result, this revision petition stands allowed and disposed of in the manner indicated herein above.