Allahabad High Court orders immediate release of jailed juvenile
The Lucknow bench of the Allahabad High Court, comprising Justices Rajesh Singh Chauhan and Divesh Chandra Samanta, ordered the immediate release of a minor who had been placed in judicial custody for alleged theft. The court found the detention prima facie illegal, noting that the boy was under 17 at the time of the FIR and that the offences carried maximum punishments of three and five years, well within the threshold where arrest should be an exception.
The bench criticised both the police and the Additional Chief Judicial Magistrate for failing to verify the juvenile's age and for issuing a "mechanical" remand order that ignored Supreme Court guidelines from the Satender Kumar Antil case. It summoned the arresting officers and the magistrate to file personal affidavits explaining the procedural lapses and warned that further action could be taken if the explanations are unsatisfactory. The matter is listed for a further hearing on July 3.