The court allowed the petition under Section 482 Cr.P.C. to quash juvenile proceedings. Finding the adult co-accused acquitted of alleged theft, the court held that further enquiry against the juvenile petitioners would serve no purpose.
Proceedings in St. No. 31 of 2018 before Juvenile Justice Board, Kozhikode are quashed.
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 K.ABRAHAM MATHEW
FRIDAY, THE 1ST DAY OF JUNE 2018 / 11TH JYAISHTA, 1940
Crl.MC.No. 2080 of 2018
ST.NO.31/2018 OF PRINCIPAL MAGISTRATE & JUVENILE JUSTICE BOARD,KOZHIKODE CC.NO.935/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-IV,KOZHIKODE CRIME NO. 54/2010 OF NADAKKAVU POLICE STATION,KOZHIKODE
PETITIONER(S)/ACCUSED:
BY ADVS.SRI.P.JAYARAM SRI.P.V.JEEVESH
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. UNNIKRISHNAN A.K., S/O.RAGHAVAN NAIR, SWADHALAM HOUSE, NEAR MUTHALAM SCHOOL, MANASSERY P.O.-673 602,MOKKAM, KOZHIKODE.
R1 BY SR PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-06-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
4/6/2018
Crl.MC.No. 2080 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
RESPONDENT'S ANNEXURES: NIL
/TRUE COPY/
P.S.TO JUDGE
sts 4/6/2018
K.ABRAHAM MATHEW J.
Crl.M.C. No.2080 of 2018
Dated this the 1st day of June, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
Nadakkavu Police Station registered for the offences under Sections 380 and 454 IPC. The petitioners, who were juveniles at the relevant
time, were shown as accused Nos 2 to 4. The allegation against them and the co-accused was that they trespassed into the computer lab of a school and committed theft of two computers. The first accused was an adult. He was tried in C.C. No.935 of 2010. He was acquitted by Annexure-A3 judgment. The case against the petitioners is now pending on the file of the Juvenile Justice Board, Kozhikode as S.T. No.31 of 2018. It appears that they were not available for a few years. They prayed that the proceedings as
Crl.M.C. 2080 /18
-:2:-
against them may be quashed in the light of the acquittal of the first accused.
In the result, this Crl.M.C is allowed. The proceedings in S.T. No.31 of 2018 on the file of the Juvenile Justice Board, Kozhikode are quashed. If any material objects have been produced in this case, the Juvenile Justice Board may pass appropriate orders for their disposal.
Sd/-
K.ABRAHAM MATHEW JUDGE
vps 2/6
/True Copy/
PS to Judge
3 issues framed by the court
Whether criminal proceedings against juvenile petitioners should be quashed on the grounds of acquittal of the adult co-accused.
Whether serving the purpose of enquiry can be negated by the acquittal of the primary accused.
Whether Section 482 Cr.P.C. is attracted to quash proceedings pending before the Juvenile Justice Board.
1 provisions across 1 enactments
Nikhil Antony
Rijil Das
Vishnu
State of Kerala
Unnikrishnan A.K.
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
