- (1.) THIS criminal transfer petition has been moved ostensibly on the ground that the Juvenile Justice Board, Dausa is not functioning as the post of both the members are lying vacant.
(2.) THE petitioner, Deepak @ Banti claims that after the death of his father on 28.12.2010, he has been given appointment on compassionate ground by the Jaipur Vidyut Vitran Nigam Ltd. However, his appointment is endangered due to the pendency of the criminal case pending before the Juvenile Justice Board, Dausa. In order to have the case decided, he wishes to take the benefit of Chapter XXI-A Cr.P.C. (plea bargaining). However, due to the absence of members of the Juvenile Justice Board, Dausa his application cannot be decided by the Board. Hence, he requests that his case be transferred to the Juvenile Justice Board, Alwar which is presently functioning. Heard the learned counsel for the petitioner and the learned Public Prosecutor The petitioner not only has the right of earning a livelihood, but equally has the right that his case be decided as soon as possible. Considering the fact that he has been appointed on compassionate ground, considering the fact that due to the death of his father, the petitioner and his family are facing financial difficulty, in the interest of justice, the criminal case pending against him before the Juvenile Justice Board, Dausa should be decided as soon as possible. However, as the Juvenile Justice Board, Dausa is not functioning due to non-appointment of its members, it will be in the interest of justice, that his case be transferred from the Juvenile Justice Baord, Dausa to the Juvenile Justice Board, Alwar. Therefore, the case No.63/2007 (State V/s. Deepak @ Banti) pending before Juvenile Justice Board, Dausa is, hereby, transferred to Juvenile Justice Board, Alwar. The Juvenile Justice Board, Alwar is directed to decide the case as expeditiously as possible. The Transfer petition is, hereby, allowed.;