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K. BABU
Elsamma, W/o. Joy – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent
JUDGMENT :
The prayers in this Original Petition (Crl.) are as follows :
(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
Point of Law : Rule 73 of Rules deals with Proceedings Paper.
The court cannot impose procedural requirements not specified in existing laws, emphasizing the separation of judicial and legislative functions.
Juveniles acquitted of crimes have a right to have their records erased, promoting rehabilitation and preventing stigma as per the Juvenile Justice Act.
The central legal point established in the judgment is the determination of the accused's juvenile status at the time of the alleged offence and the subsequent transfer of the case to the Juvenile Ju....
The central legal point established in the judgment is the requirement for the Juvenile Justice Board to independently apply its mind, follow prescribed procedures, and ensure procedural safeguards f....
The main legal point established in the judgment is the need to consider the provisions of the Juvenile Justice Act, 2015, particularly Section 15 and 18, in bail applications for children in conflic....
The main legal point established in the judgment is that bail for a juvenile in conflict with law is a rule under the Act of 2015, and denial of bail is an exception that must be justified based on s....
The main legal point established in the judgment is the mandatory nature of the preliminary assessment under section 15 of the Juvenile Justice Act, to be completed within the specified time frame as....
The main legal point established in the judgment is the necessity of summoning the General Diary in specific circumstances to establish the timing and nature of FIR registrations.
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