IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL REF No. 2 of 2006(A)
1. VIJAYAN AND SHYJU
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :ADV.G.G.MANOJ(STATE BRIEF)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :30/01/2007
O R D E R
K.R. UDAYABHANU, J
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Crl. Ref. NO. 2 OF 2006
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Dated this the 30th day of January 2007
O R D E R
The matter arises out of the reference made by the District and
Sessions Judge, Pathanamthitta. It was reported by the Sessions
Judge that SC. 118/2003/Crime No. 587/99 of Adoor police station,
involving 2 accused one Mr. Vijayan and Mr. Shyju, was committed to
the Sessions Court as per order in C.P. 135/01 dated 29.08.2002. The
case was taken on file and the same was made over to Assistant
Sessions Judge, Pathanamthitta for trial and disposal. The same was
again transferred to Additional Sessions Court (Adhoc) Fast Track No.
III, Pathanamthitta. The above court, on verification of the records,
from the admission register issued by the Principal of G.B.H.S., Adoor
wherein Shyju was a student, found that he was a jevenile at the time
of the commission of the offence. It is mentioned that the date of
birth of the 2nd accused/Shyju was on 30.09.1999. As per Section 2(K)
of the Jevenile Justice (Care & Protection of Children) Act, 2000
jevenile is a person who has not completed 18th year of age. It was in
the above circumstances that the matter happened to be reported to
the High Court; and the same was posted on the judicial side.
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2. State Brief was appointed in the matter and the counsel was
heard
3. I find that committal of the case of the 2nd accused/Shyju is
irregular and hence liable to be set aside. In the circumstances, the
committal proceedings in C.P. 135/01 and the consequent proceedings
in S.C. No. 118/2003 with respect to the 2nd accused/Shyju is herewith
quashed. The matter will be placed before the concerned JFCM
(Judicial First Class Magistrate, Adoor) who shall proceed with the
matter as per the provisions of the Jevenile Justice Act. The Additional
Sessions Court (Adhoc) Fast Track III, Pathanamthitta may continue
the proceedings against the 1st accused as per law.
The Crl. Ref. is disposed of accordingly.
K.R. UDAYABHANU, JUDGE.
RV
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