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Unknown vs Suo Motu on 12 February, 2014 cites

Abdul Aziz (K.M.) vs Deputy Inspector-General Of Police And ... on 29 January, 1966

In the decision reported in the Abdul Azis v. Circle Inspector of Police (2011(4) KLT 1003), this court has held that, only if a child is involved or Criminal Reference No.7 of 2012 7 child has been attacked or child's rights have been affected, only those cases need be tried by the Special Court constituted under Section 25 of the Commission of Protection for Child Right Act, 2005. In this case, no right of a child has been affected. Further no child has been involved in the transaction as well. So under the circumstances, the order of the magistrate committing the case to the Sessions Court, on the assumption that this also will fall under the category of cases, triable by the Special Court, designated under Section 25 of the Commission of Protection for Child Right Act, 2005 is unsustainable in law and the order of committal passed by the learned magistrate in C.P.No.150/2010 is liable to be quashed. So the order of committal passed by the leaned magistrate in C.P.No.150/2010 (C.C.No.658/2006 in Crime No.180/2006 of Munambam Police Station) committing the case to Criminal Reference No.7 of 2012 8 Sessions Court is set aside and the same is transferred to the magistrate court and the magistrate is directed to dispose of the case in accordance with law. The learned Sessions Judge is directed to transfer the records to the concerned magistrate Court for the disposal of the case.
Kerala High Court Cites 8 - Cited by 4 - Full Document
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