Kolkata: Calcutta High Court on Tuesday quashed a probe against a minor accused of violating the one-way rule on Park Street because the enquiry was not completed within 4 months of his production before the Juvenile Justice Board (JJB).The single bench of Justice Ajoy Kumar Mukherjee, while striking down the probe, stated that the Juvenile Justice Act lays down the maximum time period for conclusion — 4 months — and the JJB can extend an additional 2 months with reasons. If the same is not complied with, then the proceeding “shall” stand terminated. Justice Mukherjee stated that “shall” here means it is mandatory in the case of a petty offence.“The Juvenile Justice Act is designed for the care and protection of children, so courts should interpret it generously to benefit the child. Courts must avoid a rigid or overtly technical approach and instead favour the conclusion that the person is a child,” Justice Mukherjee observed.In this case, the minor, grandson of a retired judge, was caught allegedly violating a one-way rule on Park Street from Loudon Street on Nov 26, 2023. It was alleged that he was in a blue-beacon four-wheeler with a judge board. When the traffic sergeant tried stopping the minor, he reversed, which could have caused a fatal accident.A charge sheet against him was filed on Nov 28, 2023, and it was ordered that he would be kept at Dhruv Ashram until Dec 12, 2023. However, on Nov 29, 2023, the minor was released on bail. A complaint was registered against him under various IPC and Motor Vehicles Act sections. The offences alleged against the juvenile are punishable by a maximum of up to 3 years.The minor, represented by his father, approached Calcutta HC stating that the proceeding was liable to be quashed as the inquiry remained inconclusive within the statutory period. Justice Ajoy Kumar Mukherjee observed that since he was produced on Nov 28, 2023 before the JJB, the enquiry should have been completed by March 27, 2024. However, in Feb 2024, the JJB allowed a 2-month extension. Then, it should have ended by May 27, 2024.“The timeline given in Section 14 (of the Act) is with the object of speedy inquiry and to avoid repeated appearance of the delinquent before the Board, and also aims to reduce the impact of such legal complexities in the life of a juvenile,” Justice Mukherjee observed.
