Punjab & Haryana High Court Sets Aside Trial Court Order By Which An Appeal Of Minor Was Dismissed On Technical Grounds

Punjab & Haryana High Court Sets Aside Trial Court Order By Which An Appeal Of Minor Was Dismissed On Technical Grounds

Recently, Hon’ble Punjab & Haryana High Court allowed the revision petition U/s 102 Juvenile Justice Act, 2015 read with application U/s 482 Cr.P.C. and set aside the order passed by the Trial court where in the appeal filed against the order has been dismissed by the Court of Additional Sessions Judge, Sonepat vide order dated 14.03.2023, without entering into the merits of the case, just on the ground that appeal was time barred.

BRIEF FACTS OF THE CASE

The present revision petition under Section 102 of the Juvenile Justice (Care and Protection of Chidlren ) Act 2015 read with Section 482 Cr.P.C. is filed by the petitioner against the order dated 14.03.2023 passed by the Court of Additional Sessions Judge, Sonepat (acting as a Children Court) whereby the appeal filed by petitioner against order dated 24.08.2022 passed by learned Juvenile Justice Board, Sonepat has been dismissed being time barred.

CONTENTION OF THE PETITIONER

The counsel for the petitioner further submits that the 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 prescribed period of limitation of 30 days. That the impugned order was passed on 24.08.2022 while the appeal was filed on 07.10.2022, so there was no unreasonable delay in filing of the appeal and the same could have been easily condoned by the Court concerned while taking into consideration the fact that the petitioner is a minor. So, prayer is made that the present petition be allowed and the matter be sent back to the Court concerned with direction to dispose of the same on merits.

CONTENTION OF THE OPP. PARTIES

Per contra, State counsel was 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.

HON’BLE COURT’S OBSERVATIONS

Hon’ble Ms. Justice Karamjit Singh observed that “the petitioner was already declared as 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 ground of limitation, while keeping in mind the fact that the petitioner is a juvenile.” and allowed the application.

Case no. :-   CRR-1438 of 2023(O&M)

Order date :- 02.06.2023