Police Station vs By Adv.Sri.Manu Roy

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Kerala High Court

Police Station vs By Adv.Sri.Manu Roy

Bench: Sunil Thomas

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT:

                     THE HONOURABLE MR. JUSTICE SUNIL THOMAS

            TUESDAY, THE 6TH DAY OF FEBRUARY 2018 / 17TH MAGHA, 1939

                                    Crl.MC.No. 8538 of 2017


      PENDING AS SC 555/2014 OF ADDITIONAL DISTRICT & SESSION'S COURT-I
     (CHILDREN'S COURT, ALAPPUZHA IN CRIME NO. 375/2011 OF NOORANADU
                         POLICE STATION , ALAPPUZHA



PETITIONER(S)


      LALU @ SREELAL,
      AGED 27, S/O. GOPALAKRISHNAN, SREENILAYAM,
      PANAYIL MURI, PALAMEL VILLAGE, MAVELIKKARA TALUK.


        BY ADV.SRI.MANU ROY


RESPONDENT(S):

1.     STATE OF KERALA,
      REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
      682031.

2.    THE STATION HOUSE OFFICER,
      NOORANAD POLICE STATION, ALAPPUZHA-686001.

       BY SRI.C.N.PRABHAKARAN, SENIOR PUBLIC PROSECUTOR


  THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8538 of 2017 ()

                                          APPENDIX

PETITIONER(S)' EXHIBITS

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

ANNEXURE A2        COPY OF ORDER DATED 14.08.17 IN CRL. M. C.
                  NO.5285/17.



RESPONDENT(S) EXHIBITS:                           NIL




R.AV                              //TRUE COPY//



                                  PA TO JUDGE

                 SUNIL THOMAS, J
              -------------------------
             Crl.M.C.No.8538 of 2017
          ----------------------------------
     Dated this the 6th day of February, 2018

                      ORDER

The petitioner herein is arrayed as the second accused in Crime No.375/2011 of Nooranad Police Station for offences punishable under sections 447, 324, 323, 341, 294(b), 427, 379 read with section 34 of the Indian Penal Code. After investigation, final report was filed. While so, the Magistrate, on an impression that the defacto complainant was a juvenile on the date of occurrence has committed the matter to the Children's Court, Alappuzha and the case was re-numbered as SC.No.555/2014. This was challenged before this court in Crl.M.C.No.5285/2017. This court by order dated 14.8.2017 held that in view of the decisions of this court in Thresiamma Varkey V. State of Kerala [2017(3) KHC 656], the Children's Court lacks jurisdiction to try the offences. Accordingly, the court below was directed to transfer the case to the Magistrate Court concerned for trial and disposal, in Crl.M.C.No.8538 of 2017 2 accordance with law. It is stated that the case against the petitioner herein was in the LP register of Judicial First Class Magistrate Court-II, Mavelikkara. Hence it was not transferred to the Magistrate court, pursuant to the order of this court in Annexure-A2. In the light of the above, the court below is directed to transfer the case as against the petitioner herein to the Magistrate Court concerned for trial and disposal in accordance with law as held by this court by order in Crl.M.C.No.5285/2017. The execution of warrant issued by the court below will be kept in abeyance till the next date of appearance of the petitioner herein before the court below.

Crl.M.c is disposed of as above.

Sd/-

SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge

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