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2021 Supreme(Online)(MAD) 39956
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2021 CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12138 of 2021 and Crl.MP(MD)Nos.6228 and 6229 of 2021
1.C.Sucilkanth @ Sunil
2.C.Jeyasuriya @ Suriya : Petitioners/A2 and A3 Vs.
1.The State rep. by its Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City.
2.A.Sriram : Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code to call for the records pertaining to the charge sheet in J.C No.79 of 2020 on the file of the Juvenile Justice Board, Tirunelveli under section 294(b), 323, 324 and 506(ii) IPC and quash the same as illegal regarding the petitioners.
For Petitioners : Mr.T.Thirumurugan For 1st Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor
Key Points: - The petition seeks to quash the charge sheet in J.C No.79 of 2020 on the file of the Juvenile Justice Board Tirunelveli under sections 294(b), 323, 324 and 506(ii) IPC as against the petitioners (!) . - The FIR registered on 20.05.2018 alleges offences including 147, 294(b), 324, 323 and 506(ii) IPC, with the alleged occurrence on 19.05.2018; petitioners were juveniles at that time (!) . - The petitioners’ counsel argued that offences under 147, 294(b), 324, 323 are petty offences under section 2(45) of the J.J. Act 2015, and 506(ii) does not attract the ingredients of that section (!) . - It is argued that the enquiry must be completed within four months from production, with a possible extension of up to two months, and reasons must be recorded; production before the Board was on 27.05.2018; extended period would push completion to 27.05.2020 (!) . - Section 14(4) provides termination of proceedings if enquiry remains inconclusive after extended period for petty offences (!) . - The court held that the petition is correct on legal principles and that the Juvenile Justice Board failed to complete the enquiry within the time prescribed; the proceedings should stand terminated (!) . - The Criminal Original Petition is allowed; connected Miscellaneous Petitions are closed (!) (!) . - Web copy of the order permitted due to COVID-19 lockdown; ensure correct copy for official purposes (!) . - Parties addressed include The Inspector of Police, Tirunelveli Town Police Station; The Juvenile Justice Board, Tirunelveli; The Additional Public Prosecutor, Madurai Bench (!) (!) (!) . - The Judge: G. Ilangovan, J. dated 30.09.2021 (!) (!) .
How to quash the charge sheet against juveniles under sections 294(b), 323, 324 and 506(ii) IPC?
What is the consequence when the Juvenile Justice Board does not complete enquiry within the time prescribed by section 14(4) of the Juvenile Justice Act 2015?
What are the rights of the petitioners regarding the status of petty offences under section 2(45) of the Juvenile Justice (Care and Protection of Children) Act 2015?
O R D E R
This petition is filed seeking to quash the charge sheet in J.C No.79 of 2020 on the file of the Juvenile Justice Board, Tirunelveli under sections 294(b), 323, 324 and 506(ii) IPC as against the petitioners herein.
2.The First Information Report was registered on 20.05.2018 against the accused the petitioners, who were then juvenile, for the offence under sections 147, 294(b), 324, 323 and 506(ii) IPC. The occurrence is said to have been taken place on 19.05.2018.
3.The learned counsel for the petitioners submitted that Section 2(45) of the Juvenile Justice (Care and Protection of Children), Act 2015, defines a petty offence to include any offence for which makes punishment in Indian Penal Code or any other law for time being forced is imprisonment upto 3 years. Viewed thus, the offence for which the present petitioners faces the trial will be a petty offence, so far as sections 147, 294(b), 324 and 323 of IPC are concerned. So far as 506(ii) IPC is concerned, the allegations dot not attract the ingredients of offence under section 506(ii) IPC. He then proceeded to state that under section 14(2) of the Act, the enquiry against juvenile shall be completed within a period 4 months from the date of his production before the Juvenile Justice Board and the period can be extended being a maximum of another 2 months by the Board depending upon the circumstances compelling such extension provided the Juvenile Justice Board records its reasons for granting such an extension.
4.In the case, the learned counsel for the petitioners argued that the petitioners were produced before the Board on 27.05.2018 and even if the extended period has to be reckoned, an entire enquiry should have been completed by 27.05.2020.
5.The learned counsel appearing for the petitioners argued that section 14(4) of the said Act provides that in cases of petty offence, if the enquiry remains inconclusive even after the extended period, the proceedings should stand terminated.
6.Heard both sides.
7.The argument of the learned counsel for the petitioners as noted above is correct on legal principles. It is unfortunate that despite a statutory mandate, the Juvenile Justice Board could not complete its enquiry into this. When enquiry is not concluded within the time provided under section 14(4) of the Juvenile Justice (Care and Protection of Children), Act 2015, the proceedings should stand terminated.
8.In the result, this Criminal Original Petition is allowed.
Consequently, connected Miscellaneous Petitions are closed.
30.09.2021 Index:Yes/No Internet:Yes/No er Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To, 1.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City.
2.The Juvenile Justice Board, Tirunelveli.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
G.ILANGOVAN, J er Crl.OP(MD)No.12138 of 2021
30.09.2021
