SRI NIVAS Vs. STATE OF U.P.AND OTHERS
LAWS(ALL)-2008-11-163
HIGH COURT OF ALLAHABAD
Decided on November 24,2008

SRI NIVAS Appellant
VERSUS
State Of U.P.And Others Respondents

JUDGEMENT

NARAYAN SHUKLA, J. - (1.) HEARD Mr. Sanjay Tripathi, learned Advo­cate holding brief of Mr. Rajesh Kumar Pandey, learned Counsel for the petitioner as well as Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate. The petitioner has prayed for issuing a direction to the Juvenile Court, Lucknow to decide the juvenile case No. 291 of 2005 State v. Sri Niwas pending before it since 2005 expeditiously.
(2.) LEARNED Counsel for the petitioner informs that charges were framed on 19.12.2006 and thereafter number of dates were fixed for evidence to be adduced by the prosecutor but till date the prosecutor has not produced the witness for evidence whereas trial of other co-accused who are major has already been completed by the Regular Courts i.e. Sessions Judge, Court No. 3, Rae Bareli and they have been acquitted from charges by means of an order dated 29.3.2008. The juvenile Justice Act, 1986 has been enacted to provide for the care, pro­tection, treatment, development and re­habilitation of neglected or delinquent ju­veniles and for the adjudication of certain matters relating to, and disposition of, de­linquent juveniles. Behind the enactment of the Act, statement of objects and reasons have been given as under: - "A review of the working of the exist­ing Children Acts would indicate that much greater attention is re­quired to be given to children who may be found in situation of social mal-adjustment, delinquency or neglect. The justice system as available for adults is not consid­ered suitable for being applied to juveniles. It is also necessary that a uniform juvenile justice system should be available throughout the country which should make ade­quate provision for dealing with an aspects in the changing social, cultural and economic situation in the country. There is also need for larger involvement of informal systems and community based welfare agencies in the care, protection, treatment, development and rehabilitation of such juve­niles."
(3.) IN this context, the aforesaid Act has been enacted to achieve following ob­jectives: - "(i) to lay down a uniform legal framework for juvenile justice in the country so as to ensure that no child under any circumstances is lodged in jail or police lock up This is being ensured by establish­ing Juvenile Welfare Boards and Juvenile Courts; (ii) to provide for a specialized ap­proach towards the prevention and treatment of juvenile delinquency in its full range in keeping with the developmental needs of the child found in any situation of social mal-adjustment; (iii) to spell out the machinery and in­frastructure required for the care, protection, treatment, development and rehabilitation of various categories of children coming within the purview of the juvenile justice system. This is proposed to be achieved by establishing observa­tion homes, juvenile homes for ne­glected juveniles and special homes for delinquent juveniles; (iv) to establish norms and standards for the administration of juvenile justice in terms of investigation and prosecution, adjudication and disposition, and care, treatment and rehabilitation; (v) to develop appropriate linkages and co-ordination between the formal system of juvenile justice' and voluntary agencies engaged in the welfare of neglected or socially mal-adjusted children and to specifically define the areas of the': re­sponsibilities and roles; (vi) to constitute special offences in relation to juvenile and provide for punishments there for; (vii) to bring the operation of the juve­nile justice system in the country in conformity with the United Na­tions Standard Minimum Rule for the Administration of Juvenile Jus­tice." ;


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