1. The application is moved under Section 101 of the
Juvenile Justice (Care and Protection of Children) Act, 2015
(for short, ‘JJ’ Act) against the order passed on 27.01.2026 in
Criminal Appeal No.24 of 2026 from the FIR registered with
Katargam Police Station, Surat City, FIR No. 11210021251145
of 2025 under Sections 103(1), 115(2), 296(b), 54 of BNS
2023 and under Section 135 of G.P. Act.
2. Learned Advocate Mr. Matafer Pande for the child-in-
conflict-with-law (for short, ‘CCL’) submitted that the age of
the CCL is 15 years and 2 months and that though, the CCL
had inflicted blow with the knife, but it was on the instigation
of the accused Suraj alias Chota Malia. Advocate Mr. Pande
thus stated that it was not on the criminal intent of the CCL
but on the instigation and stated that considering the age, the
NEUTRAL CITATION
R/CR.RA/736/2026 ORDER DATED: 02/04/2026
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CCL would not have that mental capacity to understand the
consequences of his act and thus stated that the police in its
own affidavit has referred to the accused where it becomes
clear that it was only on the instigation of accused Suraj, the
act has been done by the CCL.
