SAURABH LAVANIA,J. - (1.) Heard learned counsel for the petitioner, learned A.G.A. appearing for the opposite party nos.1 to 4 and perused the record.
(2.) This petition seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report dated 28.12.2018 lodged by the opposite party no.4, registered as Case Crime No.0403 of 2018, under Sections-3 (1) of U.P. Gangster and Anti Social Activities Prevention Act, 1986, Police Station-Tikait Nagar, District-Barabanki.
(3.) Learned counsel for the petitioner submits that the petitioner is minor and in this regard, he relied on paras 12 to 16 to the writ petition, which is quoted herein below :- "12 That vide order dated 13.12.2018 Juvenile Justice Board declared that the petitioner was juvenile on the date of alleged occurrence of crime, after taking all relevant evidences into consideration and to the best of the knowledge of the petitioner no recourse against the order dated 13.12.2018 has been taken by the opposite parties, as such, order has become final and binding. 13. On 15.12.2018, District Probation Officer, Ayodhya forwarded his "Samajik Jaanch Report" to Juvenile Justice Board, Barabanki with conclusion that the decision may only be taken while keeping in mind the future and personally development of juvenile. 14. The petitioner was granted bail by the Juvenile Justice Board on 22.12.2018 and observed that in report of District Probation Officer, there is no such conclusion that after releasing on bail, the petitioner will come in contact of any criminal. 15. Despite the fact that the petitioner has been declared juvenile by Juvenile Justice Board and District Probation Officer has submitted the report that there is no likelihood that petitioner will come in contact of any criminal, even then, opposite parties have invoked the U.P. Gangster and Anti Social Activities (Prevention) Act 1986 on the petitioner and implicated him on false and fictitious grounds by means of the impugned F.I.R., as such, the impugned F.I.R. dated 28.12.2018 is liable to be quashed. 16. Section 1 (4), 17, 19 and 21 of Juvenile Justice (Care and Protection of Children) Act, 2000 extends ample protection and benefits to a juvenile and its preamble suggests it seeks to adopt a child a friendly approach in adjudication and disposition of matter, in the best interest of children and for their ultimate rehabilitation, whereas in the present case, the petitioner has been declared juvenile and granted bail even then he has been hauled up in the impugned First Information Report on the basis of a single case." ;