Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This is a habeas corpus writ petition filed in the name of victim Anjali Nishad alias Anjani through the accused, the alleged husband Ram Gopal Saheb, however, in this petition, apart from seeking a writ of habeas corpus a writ of certiorari has also been sought for quashing the order dated 26.03.2021 passed Juvenile Justice Board.
Juvenile Justice Board is competent to pass such an order under section under section 94 of the Juvenile Justice (Care and Protection of Children) Act 2015 (hereinafter referred as 'Act 2015') and it is not the case of the petitioner that the order is without jurisdiction. As regards the merits of the juvenility of the victim, an order has been passed by the Juvenile Justice Board concerned. Remedy is by way of an appeal under section 101 of the Act, therefore, the habeas corpus petition is not maintainable at this stage. It is accordingly dismissed only for this reason, however, without prejudice to the rights of the petitioner to avail the remedies available in law.
Order Date :- 19.5.2021 A.Nigam