Nikhil vs State Of Kerala on 14 August, 2017

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Kerala High Court

Nikhil vs State Of Kerala on 14 August, 2017

Bench: B.Sudheendra Kumar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

           THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

       MONDAY, THE 14TH DAY OF AUGUST 2017/23RD SRAVANA, 1939

                     Crl.MC.No. 5285 of 2017 ()
                     ---------------------------


             LP 22/2016 of ADDL.SESSIONS COURT, ALAPPUZHA

      CRIME NO. 375/2011 OF NOORANADU POLICE STATION, ALAPPUZHA
                     ---------------------------


PETITIONER(S):
-------------

            NIKHIL
            AGED 26,
            S/O SIVADASAN, MULAMOOTTIL,
            ERUMAKUZHY MURI, PALAMEL VILLAGE, MAVELIKKARA TALUK.


            BY ADV. SRI.MANU ROY

RESPONDENT(S):
--------------

          1. STATE OF KERALA
            REPRESETNED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA.

          2. THE STATION HOUSE OFFICER,
            NOORANAD POLICE STATION, ALAPPUZHA.


            BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA

       THIS CRIMINAL MISC. CASE  HAVING COME UP FOR ADMISSION  ON
14-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 5285 of 2017 ()
---------------------------

                             APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------

ANNEXURE A1      COPY OF F.I.R IN CRIME NO.375/2011 OF NOORANAD
                 POLICE STATION.

RESPONDENT'S  EXHIBITS: NIL




                                              //TRUE COPY//



                                              P.A. TO   JUDGE

STK



               B. SUDHEENDRA KUMAR, J.
                  --------------------------------
                Crl.M.C. No.5285 of 2017
                ----------------------------------
           Dated this the 14th day of August, 2017

                           O R D E R

The petitioner is the accused in L.P.No.22/2016 in S.C.No.116/2015 on the files of the Additional Sessions Court-I, Alappuzha. The offences alleged are the offences under Sections 447, 324, 323, 341, 294(b), 427 and 379 r/w Section 34 IPC. The above case was tried by the Magistrate Court concerned and towards the end of the trial, the case was committed to the Sessions Court on the reason that two of the victims were juveniles. However, in view of the decision of this Court in Thresiamma Varkey v. State of Kerala [2017(3) KHC 656], since the offences alleged are punishable with imprisonment for less than seven years, the Childrens' Court lacks jurisdiction to try the offences.

2. In view of the above reason, the court below is directed to transfer the above case to the Magistrate Court Crl.M.C. No.5285 of 2017 -: 2 :- concerned for trial and disposal, in accordance with law.

In the result, this Crl.M.C. stands allowed as above.

Sd/-

B. SUDHEENDRA KUMAR, JUDGE STK //TRUE COPY// //P.A. TO JUDGE//

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