Heard learned counsel for the applicant and the learned A.G.A.
This application has been filed for quashing of the charge sheet dated 17.09.2018 as well as summoning order dated 27.03.2019 passed by Juvenile Justice Board in Case Crime No. 78 of 2018, under Sections 363, 366 and 342 I.P.C., P.S. Baskhari, District Ambedkar Nagar. A further prayer has been made to direct the Juvenile Justice Board to decide the objection of the applicant dated 09.05.2019.
Learned counsel for the applicant submitted that the applicant has falsely been implicated by the complainant. He further submitted that after investigation, name of the co-accused Dhruv Yadav was deleted, against whom, the prosecutrix assigned identical role in her statements made under Sections 161 and 164 Cr.P.C. He further submitted that the applicant, who has been declared as a juvenile, has filed objection dated 09.05.2019 before the Juvenile Justice Board (Annexure No. 10 to the application), which is pending.
Learned A.G.A. while opposing the prayer of the applicant for quashing of the impugned proceedings submitted that after investigation, incriminating evidence has been collected by the Investigating Officer against the applicant and thereafter the charge sheet was filed on 17.09.2018.
It is evident from the record that in her statement, specific role of the applicant has been assigned by the prosecutrix. In such circumstances, no interference is required in the impugned proceedings pending before the court below.
However, it is directed, in case, the applicant moves bail application before the Juvenile Justice Board, the same shall be considered and decided by the Board strictly in accordance with law within a period of two weeks from the date of production of a certified copy of this order.
The application is, accordingly, disposed of.
Order Date :- 28.8.2019 VKS