Deadline missed, HC quashes traffic case against Kol minor

Kolkata: Calcutta high court has quashed proceedings against a minor accused of violating a one-way rule on Park Street in Kolkata, ruling that the inquiry collapsed after authorities failed to complete it within the statutory deadline under the Juvenile Justice Act.

Justice Ajoy Kumar Mukherjee said Tuesday that the law fixed a maximum of four months from the date that a child is produced before the Juvenile Justice Board (JJB) to conclude an inquiry, with scope for only a two-month extension with supporting reasons. If the timeline was breached, the proceeding “shall” stand terminated — a mandate in cases of petty offences, the court said.


“The Juvenile Justice Act is designed for the care and protection of children, so courts should interpret it generously to benefit the child,” the judge said, urging a non-technical approach that favoured a finding of juvenility.

The timeline under section 14 of the law aimed at a speedy inquiry to spare juveniles repeated appearances and limit the disruptive impact of criminal proceedings on a child’s life, the court said.

The grandson of a retired judge was stopped for driving the wrong way, from Loudon Street onto Park Street, in a blue-beacon vehicle bearing a judge’s board on Nov 26, 2023. Police alleged he reversed when a traffic sergeant tried to stop him, risking an accident.

A chargesheet was filed on Nov 28, 2023, and JJB ordered the minor to be kept at Dhruv Ashram until Dec 12. The juvenile was released on bail the next day.

Complaints were registered under provisions of IPC and Motor Vehicles Act. The offences carry a punishment of up to three years.

Appearing through his father, the minor challenged the proceedings, saying the inquiry remained incomplete beyond the legal limit. The court agreed. With production before JJB on Nov 28, 2023, the inquiry should have ended by March 27, 2024. JJB granted a two-month extension in Feb, pushing the deadline to May 27, 2024 — still unmet.