Nizhamudheen P. (Minor) vs The Station House Officer on 9 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3988 of 2009()


1. NIZHAMUDHEEN P. (MINOR)
                      ...  Petitioner

                        Vs



1. THE STATION HOUSE OFFICER,
                       ...       Respondent

2. THE STATE OF KERALA

                For Petitioner  :SRI.T.MADHU

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.M.JAMES

 Dated :09/12/2009

 O R D E R
                       M.SASIDHARAN NAMBIAR J.
                   -----------------------------
                        CRL.M.C No.3988 of 2009
                  ------------------------------
               Dated this the 9th day of December, 2009.

                                O R D E R

Petition is filed for a direction to the Magistrate to consider the

question whether petitioner is a juvenile, as provided under Section 7(1)

& (2) of the Juvenile Justice (Care and Protection of Children) Act 2000, on

the date of his surrender, before an order of remand is made.

2. The learned counsel appearing for the petitioner was heard.

3. The argument of the learned counsel is that as the petitioner

was a juvenile when he allegedly committed the offence he cannot be

remanded to jail and unless directed learned Magistrate will not conduct

an enquiry as provided under Section 7(1) & (2) of Juvenile Justice (Care

and Protection of Children) Act, 2000.

I find no reason to believe that the Magistrate will not conduct an

enquiry as provided under Section 7(1) & (2) of Juvenile Justice (Care and

Protection of Children) Act, 2000, when a juvenile or a person claiming to

be a juvenile is produced before the Magistrate. If he claims to be a

juvenile or it appears to the Magistrate that he is a juvenile, Magistrate is

bound to enquire the question. In such circumstances I find no reason to

give any direction.

The petition is disposed.

Sd/-

M.SASIDHARAN NAMBIAR, JUDGE
ab