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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
INDU P V – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding the alleged offences and basis of prosecution. (Para 1 , 2) |
| 2. arguments discussing the necessity of due process in juvenile offence cases. (Para 3 , 5 , 6) |
| 3. court's reasoning on the inadmissibility of the prosecution against the petitioner. (Para 4 , 7) |
O R D E R
The petitioner is the accused in C.C.No.808 of 2023 on the file of the Court of the Judicial First Class Magistrate-I, Manjeri ('Trial Court', for short), which has originated from Crime No.560 of 2023 registered by the Manjeri Police Station, Malappuram, alleging the commission of the offences punishable under Section 336 of the Indian Penal Code and Sections 199A (1), 199A(2), 5 and 180 of the Motor Vehicles Act , 1988 (‘MV Act’, in short).
2. The gist of the prosecution case is that;
On 11.05.2023 at around 17.15 hours, the petitioner had provided a scooter to a minor to drive on the public road. Thus, the petitioner has committed the above offences.
3. The petitioner has stated in the Criminal Miscellaneous Case that she had not given her vehicle to any person as alleged by the prosecution. As the commission of offences under Section 199A (1) of the MV Act by juvenile is
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