High Court of Himachal Pradesh held in State of Himachal Pradesh v. Happy that judgment passed by a single member of the Juvenile Justice Board is void ab initio as per the provisions of the Juvenile Justice (Care and Protection of Children) Act.
Court placed reliance on the decision of the Supreme Court in Hasham Abbas Sayyad vs. Usman Abbas Sayyad and others, AIR 2007 (SC) 1077, wherein it was held that
"the core question is as to whether an order passed by a person lacking inherent jurisdiction would be a nullity. It will be so. The principles of estoppel, waiver and acquiescence or even res judicata which are procedural in nature would have no application in a case where an order has been passed by the Tribunal/Court which has no authority in that behalf. Any order passed by a court without jurisdiction would be coram non judice being a nullity; the same ordinarily should not be given effect to."
Allowing the criminal revision Court quashed and set aside the impugned judgment and remanded the case to Juvenile Justice Board, Bilaspur, to be decided afresh in accordance with law after hearing both the parties. Court directed for speedy disposal of the case latest by 30th September, 2019.