IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4151 of 2008()
1. KALANTHAR SHAFI, 16 YEARS, S/O.MOOSA
... Petitioner
2. ABDUL SAMEER, 17 YEARS, S/O.IBRAHIM
Vs
1. STATE REP. BY THE STATION HOUSE OFFICER
... Respondent
For Petitioner :SRI.SURESH KUMAR KODOTH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/11/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 4151 of 2008
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Dated this the 11th day of November, 2008
O R D E R
The petitioners face allegations in a crime registered
alleging offences punishable, inter alia, under Section 153 A r/w
149 I.P.C. Allegations raised in the F.I.R against the accused
persons are indeed grave and serious.
2. The petitioners have come before this Court to report
to the Court the fact that they are juveniles in conflict with the
law as defined under Section 2(l) of the Juvenile Justice
(Care and Protection of Children) Act, 2000, they having not
completed the age of 18 years on the date of the alleged offence.
No semblance of material has been placed before Court to satisfy
the court that they are aged below 18 years on the date of the
alleged offence. Though time was given to produce relevant
materials, no such documents have been produced so far. The
petitioners, it is stated, are students, who had attended school. To
me it appears that it will not be difficult for them to produce at
Crl.M.C.No. 4151 of 2008
2
least the school documents to show the correct age of the petitioners.
3. Thus in as much as no material is placed before this Court to
conclude that the petitioners were juvenile on the date of the
commission of the offence, I am satisfied that no direction under
Section 482 Cr.P.C. need be issued. Any police officer/arresting
officer or who wants to proceed against the petitioners will certainly
have to consider whether the petitioners are juvenile in conflict with
the law as defined under Section 2(l) of the Juvenile Justice (Care and
Protection of Children) Act. It is open for the petitioners also to
produce appropriate documents to satisfy the Investigating Officer or
the court as the case may be that they are juveniles in conflict with the
law and deserve to be treated and proceeded against only in accordance
with the provisions of the said Act. No further or specific directions
appear to be necessary in the facts and circumstances of this case.
4. This Crl.M.C. is dismissed with the above observations.
(R. BASANT)
Judge
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