Disposed

Akhil v. State of Kerala

Kerala HC17 Mar 2014Crl.MC/1365/2014

Case brief

AI extract

What is this about?

In a criminal miscellaneous application, the petitioner sought directions to expedite investigation in two pending crimes and ensure a report was filed before the Juvenile Justice Board. The court noted the cases were already filed and the accused had been released. Finding no necessity for further directions based on the filed report, the court recorded the statement and disposed of the petition.

What did the court decide?

Petition disposed of after recording statement; no further directions issued.

Akhil Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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MONDAY, THE 17TH DAY OF MARCH 2014/26TH PHALGUNA, 1935

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Crl.MC.No. 1365 of 2014

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CRIME NO. 1294/2009 AND 1297/2009 OF NORTH PARAVOOR POLICE STATION , ERNAKULAM DISTRICT

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PETITIONER/ACCUSED:

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AKHIL, AGED 18 YEARS, S/O.SURENDRAN, ERADI PARAMBIL HOUSE, KOTTUVALLI VILLAGE, ERNAKULAM DISTRICT.

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BY ADV. SRI.SYAM J SAM

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RESPONDENT/STATE:

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

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BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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Crl.MC.No. 1365 of 2014

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1: THE PHOTOCOPY OF THE JUDGMENT IN CC 58/2010 OF JUVENILE JUSTICE BOARD , ERNAKULAM.

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ANNEXURE A2: THE PHOTOCOPY OF THE JUDGMENT IN CC 75/2010 OF JUVENILE JUSTICE BOARD, ERNAKULAM.

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RESPONDENT(S)' ANNEXURES:

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

K.RAMAKRISHNAN, J.

Crl.M.C. No.1365 of 2014

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-------------------------Dated this the 17^th day of March, 2014

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This is an application filed by the petitioner seeking direction to be given to the respondents in respect of two crimes pending against him under Section 482 of Code of Criminal Procedure.

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It is alleged in the petition that the petitioner was a juvenile in conflict with law in CC No.58/2010 and CC 75/2010 before the Juvenile Justice Board, Ernakulam and he was facing trial in those cases for offences punishable under Sections 457, 380, and 411 read with Section 34 of the Indian

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Penal Code. He was released in those two cases after contemplating with the procedure under Section 15(1) of the Juvenile Justice Care and Protection of Child Act, 2000 and thereby probation was granted to the petitioner after due admonition. False cases were registered by the respondent against the petitioner in connection with some theft occurred at its territorial limits. In one case, one of the accused is happened to be a relative of the petitioner and that resulted in arraying the petitioner in many cases. Now the respondent is saying that two other cases are under investigation against the

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Crl.M.C. No.1365 of 2014

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petitioner namely Crime Nos. 1294/2009 and 1297/2009 of Paravur Police Station. Police did not file any report before the

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concerned Juvenile Justice Court regarding the same. So the petitioner has no other remedy except to approach this Court seeking the following reliefs:

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“ Direct the respondent to expedite the investigation process of Crime 1294/2009 and 1297/2009 of North Paravoor Police Station and to file report before the Juvenile Justice Board, Ernakulam”

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3. On the basis of allegations made in the petition, a

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report has been called for from the respondent, and the respondent has filed a report which reads as follows:

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Two crime cases vide Cr.1294/09 U/s 457, 480, 34 IPC, Cr.1297/09 U/s 457 380 & 34 IPC were registered against the Petitioner Akhil, S/o. Sundaran, Earadiparambil House, Near Warehouse, Vaniyakad, Kottuvally Village in North Paravur Police Station.

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Petitioner Akhil was the 3rd accused in Cr.1294/09. Because the petitioner Akhil was a juvenile, the case was charge sheeted before the Chief Judicial Magistrate Court, Ernakulam as Cr.1294/09A on 10.12.2009. The case was posted as CC 65/09 by the Chief Judicial Magistrate Court and the accused was released U/S 15 (1) (d) (a) of JJ Act on 20.03.2010.

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Crl.M.C. No.1365 of 2014

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In Cr.1297/09, the petitioner Akhil was the 3rd accused. While he was produced before the Chief Judicial Magistrate COurt, Ernakulam on 29.09.2009, the Hon'ble court released him with his parents as he was a juvenile, who is not able to understand about seriousness about the crime. He he was omitted from the charge sheet.

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4 . Heard the counsel for the petitioner and the

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learned Public Prosecutor.

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The counsel for the petitioner wanted to get further report from the respondents, as to whether there are any other cases pending against the petition. But such a relief cannot be granted in this petition as his prayer is to file final report in the two crimes mentioned in this petition. In the report of the Public Prosecutor, it is mentioned that the Public Prosecutor filed this report through Sub Inspector of Police, North Paravur Police Station. It is mentioned that in Crime No.1294/2009, he was shown as the 3rd accused and after investigation, the case against him was filed before the Juvenile Justice Board, Ernakulam namely, Chief Judcial Magistrate Court, Ernakulam and the case was taken on file as CC 65/2009 before that board and he was released under Section 15(1)(d)(a) of Juvenile Justice Care and Protection of Children Act, 2000 on

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Crl.M.C. No.1365 of 2014

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20.03.2010. As regards the crime in 1297/2009 is concerned, though he was shown as the 3rd accused in the case, later it was revealed that he had not omitted any offence in that case. So his name was committed from the final report. So on that basis, there is only one case now pending before the Juvenile Justice court.

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In view of the report filed by the Sub Inspector of North Paravur Police Station, this court feels that there is no necessity to issue any further direction in this regard and the statement filed by the Sub Inspector of Police, North Paravur Police Station can be recorded and the petition is disposed of.

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K.RAMAKRISHNAN, JUDGE

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jm/

Akhil v. State of Kerala

Case brief

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Akhil v. State of Kerala

Case brief

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