The High Court directed the Juvenile Justice Board to conduct an enquiry regarding the petitioner's age and entitlement to the protections of the Juvenile Justice (Care and Protection of Children) Act, 2015, based on the birth certificate produced.
The petitioner is directed to appear before the Juvenile Justice Board to conduct an enquiry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 16TH DAY OF NOVEMBER 2016/25TH KARTHIKA, 1938
Crl.MC.No. 4191 of 2016 ()
CRIME NO. 419/2015 OF BEKAL POLICE STATION , KASARGOD
PETITIONER/6TH ACCUSED :
IBRAHIM BADSHA @ IMBU AGED 18 YEARS, S/O. ABDULLA, SHERIF MANZIL, MELPARAMBA, KALANAD P.O., KASARAGOD DISTRICT.
BY ADVS.SRI.RAHUL SASI SMT.NEETHU PREM
RESPONDENT/STATE/COMPLAINANTS :
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-112016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4191 of 2016 ()
APPENDIX
PETITIONER(S)' ANNEXURES
-----------------------------------------ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.419 OF 2015 OF BEKAL POLICE STATION (KASARAGOD). ANNEXURE A2 TRUE COPY OF BIRTH CERTIFICATE OF THE PETITIONER.
RESPONDENT(S)' ANNEXURES
NIL
/TRUE COPY/
VPS PS TO JUDGE
RAJA VIJAYARAGHAVAN.V, J
----------------------------------------
Crl.M.C. No.4191 of 2016
-----------------------------------------
Dated this the 16th day of November, 2016
O R D E R
2.The learned counsel appearing for the petitioner, referring to Annexure-A2 birth certificate, contends that the date of birth of the petitioner is 4.8.1997 and as on the date of commission of offence, which is on 6.6.2015, the petitioner was a juvenile entitled to get the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2015.
before the Juvenile Justice Board and the board shall
Crl.M.C.4191/2016
2
conduct an enquiry to ascertain whether the petitioner is entitled to the protection of the law. Appropriate orders shall thereafter be passed by the Juvenile Justice Board in accordance with the Act and the Rules.
Petition is disposed of.
SD/RAJA VIJAYARAGHAVAN.V. JUDGE
vps
1 issue framed by the court
Whether the petitioner, being a juvenile as on the date of the offence, is entitled to the protection of the Juvenile Justice (Care and Protection of Children) Act, 2015.
2 provisions across 2 enactments
Ibrahim Badsha
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
