Thresiamma Varkey vs State Of Kerala on 9 June, 2017
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
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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.