High CourtsSingle Bench

Mandeep Sharma @ Prince vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 26 November 2013 · Citation: (2013) 11 P&H CK 0173

HON’BLE JUDGES
Ram Chand Gupta, J
RESULT
Disposed Off
CASE NUMBER
Criminal Revision No. 3654 of 2013 (O and M)
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Judgment

5 paragraphs · 232 words

Ram Chand Gupta, J.—The present revision petition has been filed against the order dated 12.11.2013 passed by Principal Magistrate, Juvenile Justice Board, Amritsar vide which request of petitioner for declaring him juvenile, was declined. However, as per Section 52(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short ''the Act''), any person aggrieved by an order made by a competent authority under the Act has a right to prefer an appeal in the Court of Sessions.

2.

It is pertinent to reproduce the said provisions which reads as under:-

52.

Appeal.--(1) Subject to the provisions of this section, any person aggrieved by an order made by a competent authority under this Act may, within thirty days from the date of such order, prefer an appeal to the Court of Session.

Provided that the Court of Session may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time............................................

3.

Hence, in view of the same, when the petitioner is having remedy to file appeal, against the order passed by Juvenile Justice Board, before the Court of Sessions, the present revision petition before this Court is not maintainable without availing the said right of appeal. Disposed of accordingly with liberty to avail right of appeal before Court of Sessions.