According to a recent Punjab and Haryana High Court judgement, “juvenile in confrontation with the law alongside an adult” cannot be tried in court. According to the bench, Justice Vinod S. Bhardwaj stated that the Juvenile Justice Board rather than the Magistrate Court will rule out orders.
The accused was the subject of an application under Section 482 CrPC asking the court to reverse the order designating him as a proclaimed criminal. The person who was wronged was arrested for violating IPC Sections 506 (criminal intimidation), 325 (voluntarily inflicting severe bodily harm), and 323 (voluntarily causing bodily harm).
The petitioner along with armed accomplices is accused of participating in the crime. The court noted that the 30-day waiting time required by Section 82 of the CrPC had not yet expired.
The court remarked that the order issued under Section 82 (1) of the Cr.P.C. violated the statutory procedure outlined in the Cr.P.C. Furthermore, the petitioner’s youth was not at issue, the order in question lacked power. Due to the above, the court granted the petition and revoked the order declaring the petition an indictable offender.
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