High Court disposed of a Criminal Revision Petition challenging a Juvenile Justice Board order dismissing a request for further investigation under Section 173(8) Cr.P.C., holding that the Board can assess maturity and transfer cases without additional investigation.
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.
Crl.RC No.150 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2023
CORAM
THE HONOURABLE Ms. JUSTICE R.N.MANJULA
Crl.R.C. No.150 of 2023 and Crl.M.P. No.1153 of 2023
B.Mani
... Petitioner
Vs.
The Inspector of Police, W15, All Women Police Station, Royapuram, Chennai- 600 013.
... Respondent
Criminal Revision Petition is filed under Section 397 & 401 of
Criminal Procedure Code, to call for the records in Crl.M.P. No.556 of 2022
dated 17.10.2022 in J.C. No.169 of 2022 and set aside the same.
For Petitioner : Mr.R.C.Manoharan
For Respondent : Mr.V.Meganathan Government Advocate (crl.side)
ORDER
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This Criminal Revision Petition has been preferred challenging the order of the learned XII Metropolitan Magistrate, Juvenile Justice Board, Kellys, Chennai in Crl.M.P. No.556 of 2022 dated 17.10.2022 in J.C. No.169 of 2022.
given by the d?e? facto complainant / victim a case has been registered against the accused in Cr. No.6 of 2022 for the offence under Section 354A(2), 9(1), 10, 11(4), 12 of the POCSO Act and Section 506(2) IPC. After completing investigation, charge sheet has been filed in C.C.No.169 of 2020 on the file of the learned XII Metropolitan Magistrate, Juvenile Justice Board, Kellys, Chennai, against the accused. The de facto complainant's father had filed a petition under Section 173(8) Cr.P.C before the learned XII Metropolitan Magistrate, Juvenile Justice Board, Chennai, seeking permission for further investigation. The said petition was dismissed the learned Magistrate. Aggrieved over that the present revision petition has been preferred.
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was sexually harassed by the accused and he had committed sexual assault also on her; the accused had transmitted the photographs of the de facto complainant from her mobile to his phone and threatened the victim that he would transmit her photographs by adopting morphing technology to shame her, as she did not co-operate with him to have sexual intercourse; thereafter the friend of the accused gave invite message to the de facto complainant through Instagram and that was not accepted by the de facto complainant; the above offence of harassment was continued by the accused till 11.03.2022; in fact on 11.03.2022 the accused had become a major and hence he cannot as a Juvenile.
the said fact was not considered by the respondent and he had chosen to treat the accused as Juvenile and filed charge sheet before the Juvenile Justice
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Board. The first occurrence is said to have occurred on 05.07.2021. As per the birth certificate of the accused, it is seen that her Date of Birth is 20.07.2003. The learned Magistrate had observed that the Juvenile Justice Board has got no power to order further investigation. On the date of commission of offence the accused was a minor and hence charge sheet has been filed before the Board. Even according to the FIR, the criminal act on the part of the petitioner is said to have been committed on 05.07.2021. During that time the accused was a minor.
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03.02.2023
Index : Yes/No Speaking Order : Yes / No bkn
To:
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R.N.MANJULA, J.,
bkn
Crl.R.C. No.150 of 2023
03.02.2023
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3 issues framed by the court
Whether the Juvenile Justice Board has power to order further investigation under Section 173(8) Cr.P.C.
Whether the accused should be tried as a juvenile or as a major despite age discrepancy.
Whether further investigation is necessary when the Board can assess maturity and transfer cases.
2 provisions across 1 enactments
B. Mani
The Inspector of Police, W15, All Women Police Station, Royapuram, Chennai
R.N. Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
