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A. BADHARUDEEN
Vaheeda – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor – Respondent
ORDER :
A. Badharudeen, J.
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the 2nd accused in C.C. No.1303/2017 on the files of the Additional Chief Judicial Magistrate Court, Ernakulam, to quash Annexure.A2 order passed by the learned Additional Chief Judicial Magistrate in C.P. No.38/2023 dated 02.12.2023 and all further proceedings pursuant thereto pending as S.C. No.78/2024 on the files of the Special Court for the trial of cases under the Protection of Children from Sexual Offences Act, Ernakulam.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the legal provisions and judgments on the point.
3. In this matter, the prosecution alleges commission of offences punishable under Sections 23 and 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 [hereinafter referred as 'JJ Act' for short]. Earlier, the 1st accused was discharged and accused Nos. 2 and 3 are facing indictment. As per Annexure.A2 order dated 02.12.2023, the learned Additional Chief Judicial Magistrate ordered committal of the case before the Children’s Court, Ernakulam, finding that the s
The court established that jurisdiction for offences under the JJ Act is determined by the amended Section 86(4), which applies retrospectively.
Procedural amendments are presumed to be retrospective in nature unless the amending statute expressly or impliedly provides otherwise. The forum for legal proceedings is a matter of procedural law, ....
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.
The notification of a children's court does not invalidate prior trials conducted by a Magistrate, emphasizing the need for speedy trials and the principle that procedural errors should not lead to s....
The court affirmed that the Board's reliance on social and counseling reports satisfied statutory requirements for trying a child as an adult under the Juvenile Justice Act.
A child cannot be tried for an offense with adults, as mandated by S.23 of the Kerala Children Act, 1972.
Procedural amendments are presumed to be applicable retrospectively, and a change of forum is a procedural change, therefore the amendment would be applicable retrospectively, obviously to the pendin....
The Special Court under the SC/ST Act can take cognizance of offences without prior commitment from a Magistrate and amendments have no retrospective effect unless expressly stated.
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