Manav (Owner) 01 November 2009

Producing a Case Law before Court

Respected Members, I have a case of a Juvenile who have pleaded guilty u/s. 379 and sec.420 for misusing credit cards of different persons, before the Juvenile Justice Board. Their is also case with same facts, CBI VS ARIF AZIM but the difference in this case is that it is registered u/s. 418, 419 and 420 and accused in this case was not juvenile but a 24yr boy. But looking at the age court leave him on 1yr probation. My question to all is, - can we produce this case law before the Juvenile Justice Board before passing any order? - Will it leave any implication on the board's decision? - Will they consider this judgement before passing any order? - As the Juvenile is already deserve to be on probation the board unofficialy has already asked him to visit the remand home every sunday and accordingly he is visiting from last two and half months, therefore its also a possibility that the board may also order him to visit remand home every sunday for six months. Do you think presenting the above judgement can lead to more harsh decision, because we are opposing the court? Thank you very much.

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7 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 01 November 2009

you can produce and relay on the concern points,it is not the against the accused,hence relay on no HARM

Dr.Anjani Kumar Vaidyasen,09431271130,Patna (Corporate affairs Taxation and Law Consultants Advocate) 01 November 2009

Yes,You can produce the case before court for maximum relief of your client.

Thanks

Dr.Anjani Kumar Vaidyasen,09431271130,Patna (Corporate affairs Taxation and Law Consultants Advocate) 01 November 2009

Yes,You can produce the case before court for maximum relief of your client.

Thanks

Dr.Anjani Kumar Vaidyasen,09431271130,Patna (Corporate affairs Taxation and Law Consultants Advocate) 01 November 2009

Yes,You can produce the case before court for maximum relief of your client.

Thanks

BP SHARMA Adv (LAW CONSULTANT) 03 November 2009

You may rely upon the CBI vs ARIF AZIM case before the Juvenile Justice Board and seek for the appropriate relief since the aforesaid judgment, in any manner, does not go against your client.

Thanks

BP SHARMA Adv (LAW CONSULTANT) 03 November 2009

You may rely upon the CBI vs ARIF AZIM case before the Juvenile Justice Board and seek for the appropriate relief since the aforesaid judgment, in any manner, does not go against your client.

Thanks

Sanjeev Kuchhal (Publishers) 05 November 2009

The Apex Court in the case of Ved Prakash Vs. State of Haryana reported in AIR 1981 Supreme Court 643 has held that if the sentence is for a short period and if it is the first offence committed by the accused the trial court should make an endeavour to give benefit of Probation of Offenders Act to the accused and if it declines to do so, it should give reasons for refusal to do so.