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A. BADHARUDEEN
XX – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
ORDER :
A. Badharudeen, J.
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita 2023, challenging the order passed by the Child Welfare Committee, Malappuram District, dated 07.08.2024.
2. Heard the learned counsel for the petitioner as well as the learned public prosecutor, addressing the maintainability of this petition.
3. Though it is argued by the learned counsel for the petitioner that, the inherent power of this Court under Section 528 of the Bharatiya Nagrik Suraksha Sanhita 2023, is wide enough to consider the order impugned, when the learned public prosecutor pointed out Section 101 of Juvenile Justice (Care and Protection of Children Act, 2015), (In short ‘JJ Act,2015’) which provides specific appeal from such an order, the learned counsel for the petitioner prayed for disposal of this Criminal Miscellaneous Case, observing so, with liberty to file an appeal.
4. In this matter, earlier, the petitioner herein filed Crl.M.C.No.6026 of 2024, and this Court passed an order on 01.08.2024, directing the Chairman, Child Welfare Committee, Malapuram District, to consider the request of the petitioner. Pursuant to the direction iss
The existence of a statutory appeal under the Juvenile Justice Act, 2015 precludes the use of inherent powers under the Bharatiya Nagrik Suraksha Sanhita 2023.
The main legal point established in the judgment is the proper interpretation of the appeal procedures under the Juvenile Justice Act, specifically highlighting the jurisdiction of the appellate cour....
The role of the Committee commences from the stage where both parents are not in a position to take care and protect the child. The parens patriae principle to intervene is to protect the child and a....
Point Of Law : In the matters pertaining to custody of minor; welfare and interest of child to be given a paramount importance.
The court affirmed that under Section 86(4) of the JJ Act, all relevant offences must be tried by the Children's Court, invalidating prior proceedings in the Magistrate's Court.
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