Court : Madhya Pradesh
Reported in : 2003(3)MPHT344; 2003(4)MPLJ40
ORDERS.L. Jain, J.1. This is a revision under Section 397/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code' for short) against the order dated 18-2-2002 passed by Sessions Judge, Satna, in Bail Application No. 80/2002, whereby respondent Aajad Kumar Ratna has been released on ad interim bail till the determination of his age for the purposes of Juvenile Justice Act.2. The facts leading to this revision petition are that a charge-sheet for the offence punishable under Sections 363, 364A and 302 of IPC was filed against the respondent and one Saiyad Minjoor Abbas for kidnapping, demanding ransome and for committing murder of Baby Pushpita. The respondent moved an application before the Additional Sessions Judge, Satna, for grant of bail under Section 439 of the Code, claiming himself to be a juvenile. The learned Additional Sessions Judge, Satna, by his order dated 8-6-2001 granted the respondent ad interim bail till the determination of his age by the co...
Tag this Judgment!Court : Delhi
Reported in : 2002VAD(Delhi)137; 2002CriLJ3873; 98(2002)DLT63; 2002(64)DRJ77
S.K. Agarwal, J.1. By this petition, under Section 439 and 482 ofthe Code of Criminal Procedure, 1973 (for short'Cr.P.C.') read with Section 18 of Juvenile Justice Act,1986 (hereinafter 'the Act'), petitioner is seekingquashing of the order dated 9th August, 2000 passed bythe Juvenile Justice Court, Delhi or in the alternativebail in the case FIR No. 15/2000 under Sections376/363/341/34 IPC P.S. Malviya Nagar.2. Brief facts are that on 12th January, 2000 petitioner was arrested in the above noted case and was sent to judicial custody. He moved an application that he was less than 16 years of age and was juvenile. In support of his submission he produced a school leaving certificate showing his date of birth as 14th August, 1986. Prosecution contested the same. The Juvenile Court acting under Section 32 of the Act decided to hold an enquiry to find out whether the petitioner was juvenile or not. Prosecution in support of its case examined CW-1 Dr. Rajneesh Juneja, Radiologist, HRH Hospi...
Tag this Judgment!Court : Delhi
Reported in : 2002VIAD(Delhi)197; 98(2002)DLT585
Devinder Gupta, J.1. Three delinquents Lalit, Manoj and Rajesh havebeen produced by Inspector Rajeshwar Kumar, SHO, P.S. Mukherjee Nagar. Files have also been produced.,2. After the delinquents were caught by Head Constable Joy Sebastian and he recovered from their possession tool bag containing keys and 'pana' and stolen care stereos, which led to registration of FIR No. 438/20101 of P.S. Mukerjee Nagar for offences under Sections379/411/34 IPC. The delinquents are alleged to have made disclosure statements of having committed thefts of car stereos. Seven FIR Nos. 275/2001, 325/2001, 346/2001, 351/2001, 375/2001, 427/2001 and 437/2001 were found to have been registered at P.S. Mukherjee Nagar for theft of car stereos. On their disclosure statement seven more stereos were recovered, at their instance, from one Shakeel Kabari. Thereafter the delinquents were also arrested Along with Shakeel Kabari in these seven cases. Test identification parade of the case property was got conducted be...
Tag this Judgment!Court : Delhi
Reported in : 127(2006)DLT522; 2006(87)DRJ262
R.C. Jain, J.1. Through this petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C., the petitioner has prayed for a writ/direction on the respondents i.e. Police authorities to register a proper case against all the accused persons involved in the murder/conspiracy and destroying evidence in relation to the murder of her son Vikas and for handing over the investigation of the case to the CBI or some other impartial agency for further investigation.2. Briefly stating the petition has been filed with the averments and allegations that the petitioner is the unfortunate mother of a young boy named Vikas aged about 15 years who use to work at Bindi factory of a certain Ram Lal Gupta in order to earn livelihood for the family. Ram Lal Gupta has a grand daughter Jyoti of the same age as Vikas. Vikas and Jyoti developed a somewhat emotional attachment for each other which was not liked by Ram Lal Gupta and, thereforee he held a grudge against Vikas. The petition...
Tag this Judgment!Court : Mumbai
Reported in : (1942)44BOMLR804
John Beaumont, C.J.1. This is an appeal from an order made by the Presidency Magistrate, Seventh Court, in which he directed a child, who was tried before him, to be sent to a certified school. There is, I think, no doubt that the order was a wise order, if the Magistrate had power to make it. But it is urged on behalf of the appellant that the ordinary Presidency Magistrates have no power to try children, who, it is said, fall within the exclusive jurisdiction of the Juvenile Court.2. Section 46 of the Bombay Children Act, 1924, provides in Sub-section (I) that the Provincial Government may provide for the establishment in any area of one or more separate Courts for the conduct of proceedings under the Act at which the attendance of a child is required. Then there is a proviso:that where a child is accused of an offence triable jointly with any other person not being a child, nothing in this Sub-section shall affect...the powers of the court, to try such other person under any other l...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1985CriLJ415
B.C. Varma, J.1. Appellant Khalilullah is alleged to have committed the murder of one Rashidullah on 18-9-1980. After due investigation, the police filed the challan before the Magistrate for an action Under Section 209, Cri.P.C for commitment of the case to court of Session the offence being triable exclusively by Court of Session. The learned Magistrate by order dt. 28-1-1981 committed the case to the Court of Session and forwarded the papers accordingly to that Court. The Sessions Judge, however, took up the matter only on 17-2-1981 and proceeded to try the appellant. Meanwhile, the Madhya Pradesh Bal Adhiniyam, 1970 (Act No. 15 of 1970) was made applicable to Raisen district with effect from 15-2-1981, vide notification No. D. 739-6835-XXVI-81, dt. 5th Feb. 1981, and in exercise of powers Under Section 4 of that Act, a Juvenile Court was constituted for Raisen district. After trial, the learned Sessions Judge found the appellant guilty and by judgment dt 24-6-1981 convicted him Und...
Tag this Judgment!Court : Gujarat
Reported in : (1969)10GLR66
J.M. Sheth, J.1. This is a reference made by the learned Sessions Judge, Rajkot, 'Mr. V.R. Bhatia, under Section 438 of the Criminal Procedure Code, recommending that the order passed by the learned President, Children's Court, Rajkot on Exh. 2 in a Criminal Case No. 217 of 1968, rejecting the application filed by the accused to allow them to be defended by an Advocate, be set aside, as Section 22 of the Saurashtra Children Act, 1954 (Act No. XXI of 1954) which will be hereinafter referred to as the Act, violates the provisions of Article 22(1) of the Constitution of India.2. The facts leading rise to this reference are briefly stated as under:One Ashok Kumar Madan Gopal gave information to the Police Station Officer, 'C' Division, Rajkot, on 27-11-1967 about commission of offences punishable under Sections 392 and 394 of the Indian Penal Code against the accused, Kario and Nanji. The offences were alleged to have been committed on 26-11-1967 at 23 hours. After the necessary investigat...
Tag this Judgment!Court : Rajasthan
Reported in : 2002(1)WLC295; 2001(4)WLN492
B.J. Shethna, J.1. This misc. petition is filed under Section 482 Cr.P.C. before this Court on 16.12.2000 against the impugned order dated 15.5.1995 passed by Juvenile Justice Court, Bikaner in Juvenile Cr. Case No. 14/95 whereby the learned Juvenile Court upon the application of the complainant, transferred the case of the petitioner accused to the Court of Civil Judge (JD) and Judicial Magistrate, Bikaner for trial in usual manner of proceeding under Cr.P.C.2. The impugned order dated 15.5.1995 passed by the learned Juvenile Court was challenged by the petitioner accused after a period of more than 5 years and 7 months. No explanation whatsoever is given for such a gross delay.3. However, it was submitted by learned Counsel Mr. Singh that there is no period of limitation for filing the misc. petition under Section 482 Cr.P.C. before this Court, therefore, this Court should decide this petition on merits in accordance with law. He also submitted that the reason for gross delay of 5 ye...
Tag this Judgment!Court : Supreme Court of India
Aftab Alam, J. 1. Leave granted. 2. On March 20, 1975, at about 4.15 p.m. when the car in which Mr. Justice A.N. Ray, holding the office of the Chief Justice of India at that time, was travelling, along with his son Shri Ajoy Nath Ray and a Jamadar Jai Nand and the driver Inder Singh, stopped at the intersection of Tilak Marg and Bhagwan Dass road, at a stone throw distance from the Supreme Court of India, two live hand grenades were lobbed inside the car. Fortunately, the grenades did not explode and the occupants of the car, including the Chief Justice of India, escaped unharmed. 3. A case was registered and investigation was started by the Crime Branch of the Delhi Police. But, as the police investigation did not make much headway, on June 30, 1975 the case was handed over to the CBI. On the same day, one Santoshanand Avadhoot (appellant in Criminal appeal arising out of SLP (Criminal) 6625 of 2006) was arrested followed by the arrest of an advocate, namely, Ranjan Dwivedi (appellan...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC118; (1992)94BOMLR849; 1991(3)Crimes315(SC); JT1991(3)SC582; 1991(2)SCALE321; (1991)4SCC33; [1991]3SCR568; 1991(2)LC549(SC)
ORDER1. In Laxmikant Pandey v. Union of India : [1984]2SCR795 this Court laid down the procedure to be followed in adoption of children by foreigners. The Court observed the fact that children are a supremely important national asset and the future well-being of the nation depends upon how the children grow and develop. It quoted with approval the report of the Study Team on Social Welfare where it was said: The physical and mental health of the nation is determined largely by the manner in which it is shaped in the early stages.This Court also quoted with approval from the National Policy for the Welfare of Children where it was said: The nation's children are a supremely important assets. Their nurture and solicitude are our responsibility. Children's programme should find a prominent part in our national plans for the development of human resources, so that our children grow up to become robust citizens, physically fit, mentally alert and morally healthy, endowed with the skills and...
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