IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL REF No. 9 of 2007()
1. RATHEESH
... Petitioner
Vs
1. .
... Respondent
For Petitioner :.
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :01/06/2007
O R D E R
R.BASANT, J.
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Crl.Ref.No.9 of 2007
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Dated this the 1st day of June 2007
O R D E R
This criminal reference has been registered on the basis of
a letter received from the District and Sessions Judge,
Pathanamthitta. It relates to S.C.No.340/05 pending before the
Additional Sessions Judge (Adhoc) Fast Track No.III,
Pathanamthitta. The case was committed to the court of Session
by the learned Magistrate concerned as per order in
C.P.No.136/04 dated 10/11/2004. That case was registered
under Section 8 and 55 of the Kerala Abkari Act. There was only
one accused. The said accused was committed overlooking the
fact that the accused is aged below 18 years and was a juvenile
on the relevant date. The learned Additional Sessions Judge
(Adhoc) Fast Track No.III, Pathanamthitta in the course of the
proceedings before him realised the fact that the accused was a
juvenile. He then realised that the committal was incorrect and
improper and in violation of the mandate of Section 7 of the
Juvenile Justice (Care and Protection of Children) Act, 2000. The
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learned Judge could not set aside the order of committal as he
does not have the jurisdictional competence to do the same.
Accordingly reference has been made of the case through the
learned District and Sessions Judge by the learned Additional
Sessions Judge. It is obvious that the learned Magistrate has
overlooked/omitted to take note of the fact that the accused is a
juvenile and deserves to be dealt with in accordance with the
provisions of Section 7 of the Juvenile Justice Act. The order of
committal is thus incorrect and improper, it having been seen
beyond controversy that the accused was a juvenile on the date
of commission of the offence.
2. What next to be done is the only question. Ideally, the
order of committal must be set aside. The matter can be sent to
the learned Magistrate so that the learned Magistrate can take
action under Section 7 of the Juvenile Justice Act. I am satisfied
that in the interests of expedition and in the interests of
disposing of the case against the juvenile expeditiously, the
order can be set aside and the Additional District and Sessions
Judge, Fast Track can be directed to forward the records and
accused to the Juvenile Justice Board. The Juvenile Justice Board
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shall reckon the same as a case sent to the Juvenile Justice Board
by the learned Magistrate concerned under Section 7 of the
Juvenile Justice Act and shall proceed accordingly, in accordance
with law thereafter.
This criminal reference is thus answered as indicated
above.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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Crl.Ref.No.9/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007