Alexander Thomas, J.

1. The prayers in the Crl.M.C. are as follows:

"i) recall the non bailable warrant issued against the petitioner in L.P.C.No. 112/2014 on the file of the Judicial First Class Magistrate-II, Ernakulam.

ii) direct the learned Magistrate (sic) forward the case covered by L.P.C.No.112/2014 to the Juvenile Justice Board."

2. The petitioner is the sole accused in the impugned Anx.A1 Crime No.1570/2008 of Ernakulam Central Police Station, registered for offences under Sec.379 of the I.P.C. The matter is now said to be pending in the long pending case register as LPC No.112/2014 on the file of the Judicial First Class Magistrate's Court-II, Ernakulam. It is urged by the petitioner that his date of birth is 25.5.1991 as revealed by Anx.A-III and that the date of the alleged incident is on 15.7.2008 as can be seen from the impugned Anx.A-1 FIR and the therefore, the petitioner is a juvenile as on the date of the commission of the alleged offence. Accordingly, it is contended that the case against the petitioner cannot be entertained by the jurisdictional Magistrate's court concerned, but has to be forwarded to the Juvenile Justice Board under Sec. 7(1) of the Juvenile Justice (Care &Protection of Children) Act, 2000 and consequently, it is argued that the present impugned criminal proceedings against the petitioner on the file of the Judicial First Class Magistrate's Court-II, Ernakulam, are not maintainable.

3. In view of the aforestated submissions and contentions made on behalf of the petitioner, this Court had called for a report form the learned Magistrate concerned. Accordingly, the Judicial First Class Magistrate's Court-II, Ernakulam, has submitted a report dated 29.7.2015 to the Registry of this Court. In the said report is stated that L.P.No.112/2014 was originally taken on file against the accused, viz.,Shiju.P.B. aged 20 years as in the year 2008, S/o.Babu, Puthenparambil House, Eruvasserry Amsam, Muyippra, Kannur District as C.C.No.366/2009 with the allegation of commission of offence punishable under Sec.379 of the I.P.C. That the crime was originally registered in Kudiyanmala Police Station in Kannur district and that the accused was enlarged on bail by the Judicial First Class Magistrate's Court, Thalipparamba at the crime stage. It is further pointed out in the report that as per the final report submitted by the Police in the aforementioned crime, the age of the petitioner accused is shown as 20 years at the time of the alleged incident. Further it is pointed out that the accused has never appeared before the learned Magistrate and has agitated the matter at his younger age. It is submission of the petitioner that no summons was ever received by him in these proceedings.

4. Heard Sri.M.Sasindran, learned counsel appearing for the petitioner and Sri.Tom Jose Padinjarekkara, learned Addl. D.G. of Prosecution appearing on behalf of the respondent State of Kerala.

5. Sri.Tom Jose Padinjarekkara, learned Addl. D.G. of Prosecution submits that such issues are to be considered in the light of the specific provisions in Secs.7 and 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 ("the Juvenile Justice Act', for short) as well as Rule 12 of the Juvenile Justice (Care and Protection of Children), Rules, 2007 framed thereunder. This submission is accepted by the learned counsel appearing for the petitioner. Both sides submit that the matter in issue is covered by the decision of this Court in Ravi v. State of Kerala reported in 2013 (1) KHC 397(DB). In view of this aspect of the matter, it is profitable to refer to the aforestated provisions of the statutes and the rules made thereunder. Sec.7 of the Juvenile Justice Act reads as follows:

"Sec.7:Procedure to be followed by a Magistrate not empowered under the Act.-(1) When any Magistrate not empowered to exercise the powers of a Board under this Act is of the opinion that a person brought before him under any of the provisions of this Act (