BOMBAY HIGH COURT (DB) (Aurangabad Bench)Before:- S.S. Shinde and Sangitrao S. Patil, JJ.
Writ Petition No. 5093 of 2016. D/d. 8.9.2016.
Kailas Sambhaji Lohakre, Age 22 years, Occu. Student, R/o. Kanjala, Tq. Loha, District Nanded - Petitioner
For the Petitioner :- Mr. S.G. Jadhavar, Advocate.
The State of Maharashtra, Through Principal Secretary, Home Department, Mantralaya, Mumbai-32 - Respondent
The Superintendent of Police, Nanded, Tq. & District Nanded - Respondent
The Union of India, Through its Ministry of Defence, New Delhi - Respondent
Coe Dir Rtg Sena Bharti Karyalaya, Army Recruiting Office T-39, Assey Lines, Aurangabad Maharashtra Pin 431002 - Respondent
For the Respondent Nos. 1 :- Mr. A.V. Deshmukh, AGP.
For the Respondent Nos. 3 & 4 :- Mr. D.G. Nagode, ASGI.
9. The Juvenile Justice (Care & Protection of Children) Act, 2015, ('the Act of 2015' for short) came into force on 1st January, 2016. Since the offences alleged against the petitioner were committed on 22.07.2010 and he has been dealt with by the Juvenile Justice Board on 15th January, 2011, he would be governed by the Act of 2002, which was in force at the relevant time. Even under the Act of 2015, there is an analogous provision in Section 24 pertaining removal of disqualification attached to conviction of an offence of "a juvenile in conflict with law", who is referred to as "a child in conflict with law" as per the Act of 2015.
As seen from the above provision, it is for the Juvenile Justice Board to make an order directing that the relevant records of the conviction of the juvenile in conflict with law should be removed after expiry of the period of appeal. In the present case, besides the petitioner there are other accused persons involved in the offences alleged to have been committed on 22nd July, 2010. It is not known whether the trial against the co-accused of the petitioner has been conducted or not. The original record produced before the Juvenile Justice Board would be required to be produced before the Regular Criminal Court for conducting the trial against his co-accused. Therefore, it is necessary for the learned Principal Magistrate, Juvenile Justice Board, Nanded, to consider the question of removal of the concerned record of conviction of the petitioner and pass necessary orders keeping in mind the provisions of sub-section (2) of Section 19 of the Act of 2000.
Petition partly allowed.