Punjab & Haryana High Court Sets Aside Order Dismissing Appeal Filed Against Decision To Try Juvenile As Adult

Observing that the court should have decided the matter on merits without going into hyper technical grounds of limitation, the Punjab and Haryana High Court has set aside the order of ASJ, Sonepat, dismissing the appeal filed against an order to try a juvenile as an adult.

“Admittedly, the petitioner was already declared as a child in conflict with law by the Court concerned. Even at present the petitioner is stated to be less than 18 years of age. It is the duty of the Court to impart justice and the Court of Additional Sessions Judge, Sonepat should have decided the matter in question on merits without going into hyper technical grounds of limitation, while keeping in mind the fact that the petitioner is a juvenile,” said Justice Karamjit Singh.

The court was hearing the revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act 2015, read with Section 482 Cr.P.C., which was filed by the petitioner against the order passed by the Court of Additional Sessions Judge in March. The appeal filed by the petitioner against the order passed by the Juvenile Justice Board in August 2022 was dismissed as time-barred.

The counsel for petitioner argued that the petitioner is a child in conflict with law but the Principal Magistrate of Juvenile Justice Board wrongly passed the order to conduct the trial by treating the petitioner as an adult in August 2022.

He submitted that the appeal filed against the order was dismissed by the Court of Additional Sessions Judge, Sonepat in March, without entering into the merits of the case, just on the ground that appeal was time barred.

It was highlighted to the Court that petitioner is just 17 years of age and is not conversant with the technicalities of law and due to some misunderstanding the petitioner failed to file the appeal within the prescribed period of limitation of 30 days.

The court noted that even the State counsel is of the view that the Court of Additional Sessions Judge should have disposed of the appeal on merits and not on technical ground of limitation.

Allowing the plea, the court said, “the present petition is hereby allowed and the impugned order dated 14.03.2023 is set aside and the matter is remanded back to the Court of Additional Sessions Judge, Sonepat to decide the same afresh on merits without insisting on the point of limitation.”

Case Title: X v. State of Haryana

Sarfraj Anjum Mor, Advocate appeared for the petitioner.

Naveen Sheoran, DAG appeared for State.

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