Point of Law : Rule 73 of Rules deals with Proceedings Paper.

JUDGMENT :

The prayers in this Original Petition (Crl.) are as follows :

"(i) Direct the Juvenile Justice Board, Thodupuzha to issue the copy of the 'B' diary in J.S.T.No.33/2018 mentioned in Ext.P1 application within a time frame to be fixed by this Hon'ble Court.

(ii) Grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. The petitioner is the defacto complainant in Crime No.1938/2017 of Thodupuzha Police Station. The above crime was registered against six persons. One among them is a Child in Conflict with Law.

3. The proceedings against the Child in Conflict with Law are pending before the Juvenile Justice Board, Thodupuzha.

4. The defacto complainant filed an application before the Juvenile Justice Board, Thodupuzha seeking a copy of the 'B' diary in J.S.T.No.33/2018, which arose from the above said crime. It is submitted that the Juvenile Justice Board declined to grant the copy of the 'B' diary. Therefore, the petitioner seeks a direction to the Juvenile Justice Board to issue a copy of the 'B' diary in J.S.T No.33/2018.

5. Heard the learned counsel for the petitioner Sri. Nireesh Mathew, the learned Public Prosecutor Sri. G. Sudheer and the learned Amicus Curiae Sri. John S. Ralph.

6. The learned counsel for the petitioner contended that the Juvenile Justice Board is bound to issue a copy of the 'B' diary.

7. The learned Public Prosecutor submitted that the proceedings before the Juvenile Justice Board may contain the reports relating to the child, the confidentiality of which is to be maintained under Section 99 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act'), and therefore, the prayer of the petitioner cannot be allowed.

8. The learned Amicus Curiae brought to my attention the various provisions in the Criminal Rules of Practice and the Civil Rules of Practice and submitted that in criminal Courts, there is no practice of maintaining 'B' diary, and what is available is the 'Proceedings Paper' as contained in Rule 73 of the Criminal Rules of Practice and 'A' diary register as provided in Rule 72 of the Rules. The learned Amicus Curiae also submitted that 'B' diary is maintained only in Civil Courts as provided in Rule 383 of the Civil Rules of Practice. The learned Amicus Curiae further submitted that Rule 384 of the Civil Rules of Practice is a corresponding provision to Rule 73 of the Criminal Rules of Practice.

9. Rules 72 and 73 of the Criminal Rules of Practice are extracted below :

"72. Diary-Every Court shall maintain a diary in Administrative Form No.10. The entries shall be signed by the Presiding Officer on the day to which they relate.

(2) Every Court shall maintain a hearing book in Administrative Form No.11.

73. Proceedings Paper-(1) Every Judge or Magistrate shall maintain a proceedings paper on judicial Form No.61 furnishing therein full information as to the several judicial steps taken in the case such as reasons for adjournments, issue of warrants to the accused or witnesses, marking of documents, examination of witnesses, framing of charges, questioning of the accused, hearing arguments and pronouncing judgment or order. The entries shall be neatly written by the judge or Magistrate and initialled by him in open Court.

(2) When records are sent up to a Court of appeal or revision or forwarded to a Court to which the case is transferred or committed, a typed or neatly written copy of the proceedings paper shall be placed with the records."

10. Rules 382, 383 and 384 of Civil Rules of Practice are extracted below :

382.A. Diary-In all suits, appeals and miscellaneous proceedings, a general diary shall be maintained setting out only the judicial work done in each case. Entries such as filing of suits, appeals, petitions and issue and return of processes etc., which are only ministerial, shall be omitted. The A diary shall be signed by the Judge himself.

383. B Diary-For showing the dates and the nature o