The father of the suspect had yesterday filed the plea against three-day custody of his son given to the Central Bureau of Investigation by the Juvenile Justice Board.
The petition said the board "erroneously and illegally" granted remand to the CBI and demanded that every other action taken by the agency pursuant to the legal order be established null and void.
The father is furious as the provisions of Section 10 of Juvenile Justice Act 2015 have been breached and so he moved the plea against the November 8 order to the CBI, it said.
The petition said the suspect did not have a previous criminal history and mentions how he was allegedly beaten up, manhandled and forced to confess to the crime by the investigators.
The section 10 of Juvenile Justice Act 2015 says that the juvenile in conflict with the law under no circumstances can be put in jail and further the JJB had no authority to grant remand of a juvenile to the investigating officials, the petition said.
Sushil Tekriwal, the lawyer for Pradyuman Thaukur's father, said he would oppose the plea of the accused's father on the next date of hearing.
Mr Tekriwal said the father wanted to save his son who was already found guilty of killing Pradyuman in a probe by the Central Bureau of Investigation.
Pradyuman was found with his throat slit in the school washroom in Gurgaon on September 8. School bus conductor Ashok Kumar was arrested by the Haryana Police in connection with the crime. He was recently granted bail by a lower court.
The case was transferred to the CBI and the agency had apprehended the class 11 student in connection with the killing.