Disposed

Jabiualla @ Jabi v. State of Karnataka

Karnataka HC26 Nov 2024CRL.P/1753/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of charge sheet in a murder case claiming he was a juvenile when the offence was committed. The Court directed the trial court to conduct an enquiry into his age and stay further trial against him until juvenility is determined; if found a juvenile, the case is to be transferred to the Juvenile Justice Board.

What did the court decide?

Enquiry into petitioner's juvenility directed by trial court; further trial against petitioner stayed till determination.

Jabiualla @ Jabi Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:48392 CRL.P No. 1753 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 1753 OF 2024

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BETWEEN:

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JABIUALLA @ JABI S/O LATE SALEEM AGED ABOUT 23 YEARS OCCUPATION DAILY COOLIE RESIDING AT DOOR NO.XXXX 10^TH CROSS, 2^ND MAIN, BANDEGUDISALU VALMIKINAGAR, CHAMARAJAPETE BENGALURU – 560 026.

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…PETITIONER

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(BY SRI KULKARNI SHRINATH, ADVOCATE)

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA BY CITY MARKET POLICE STATION, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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SMT. JYOTHI W/O LATE RAMESH AGED ABOUT 26 YEARS

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2 - NC: 2024:KHC:48392 CRL.P No. 1753 of 2024

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RESIDING AT AMBEDKAR APARTMENTS II FLOOR, NEAR MURUGAN TEMPLE MINI BHAKSTHI GARDEN COTTONPET BENGALURU – 560 026.

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…RESPONDENTS

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(BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.,(528 OF BNSS) PRAYING TO SET ASIDE THE ENTIRE CHARGE SHEET FILED AGAINST THE PETITIONER / ACCUSED NO.2 BY THE RESPONDENT CITY MARKET POLICE STATION, IN CR.NO.47/2020 NOW S.C.NO.975/2020 REGISTERED FOR THE OFFENCES P/U/S 120B, 302, 201 R/W 34 OF IPC, PENDING BEFORE THE COURT OF LXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, (CCH-66) VIDE ANNEXURE-C.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC:48392 CRL.P No. 1753 of 2024

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court calling in question the proceedings in S.C.No.975 of 2020 registered for offence punishable under Sections 120B, 302, 201 r/w section 34 of the IPC.

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Heard Sri Kulkarni Shrinath, learned counsel appearing for petitioner and Sri B N Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1 and Sri K R Sathish, learned counsel appearing for respondent No.2.

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The plea of the petitioner is that the final report against the petitioner should be tried by the Juvenile Justice Board on the score that he was less than 18 years at the time of commission of the offence.

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The learned counsel for petitioner submits that the determination of age to drive home the point that the petitioner was an adult is on the basis of the Aadhar Card. The Aadhar

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4 - NC: 2024:KHC:48392 CRL.P No. 1753 of 2024

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card is said to have been generated on a particular day on which the petitioner was already in judicial custody. Therefore, learned counsel submits that he was a juvenile at the time of commission of the offence and the proceedings must be taking place before the Juvenile Justice Board. Prior to such determination, as to whether the petitioner was less than 18 years of age as on the date of the alleged crime, an enquiry is imperative to declare him to be a juvenile before permitting his trial to be before the Juvenile Justice Board.

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Therefore, the concerned Court which is now adjudicating S.C.No.975 of 2020 shall forthwith conduct an enquiry with regard to the plea of the petitioner that he was a juvenile at the time of commission of the offence and the said report of enquiry be placed in these proceedings. If the result of the enquiry would be that the petitioner was a juvenile as on the date of commission of the offence, the concerned Court shall transfer the matter to the Juvenile Justice Board to be tried as a juvenile. In the event the report would be against the plea of the petitioner that he was a juvenile, all remedies are left open to the petitioner.

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NC: 2024:KHC:48392 CRL.P No. 1753 of 2024

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With the aforesaid observations, the petition stands disposed. Till the determination happens with regard to the juvenility or otherwise of the petitioner, further trial against the petitioner shall not be conducted.

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Consequently, I.A.No.1 of 2024 stands disposed.

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Sd/(M.NAGAPRASANNA) JUDGE

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bkp List No.: 2 Sl No.: 9

Jabiualla @ Jabi v. State of Karnataka

Case brief

What is this about?

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Jabiualla @ Jabi v. State of Karnataka

Case brief

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