VidhiSangh

Supreme Court of India · 05/09/2023

MAKKELLA NAGAIAH versus THE STATE OF ANDHRA PRADESH

[2023] 12 S.C.R. 250 · 2023 INSC 800

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Summary

The Court directed immediate release after a judicial inquiry established that the petitioner was about sixteen years and seven months old when the offence occurred. His juvenility claim was maintainable despite final disposal of the earlier criminal proceedings. Having already spent more than twelve years in custody, he could not remain detained beyond the three-year maximum applied under the 2000 Act.

Issues

  1. Whether juvenility could be raised after dismissal of the special leave petition.
  2. Whether the verified age and time already spent in custody required release.

Provisions considered

Held

Result

Writ petition allowed. Petitioner directed to be released forthwith unless required to be detained in another case. No costs.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 250.