Juvenile accused entitled to transfer to JJ Board despite FIR inclusion; trial completion directed within time limit.

ORDER

The petitioner is the accused No.3 in Crime No.46 of 2022 for the offences punishable under Sections 294(b), 323, 392, 506(1) of IPC, 1860 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. 2.The petitioner primarily raised a ground that as on 03.03.2022, the petitioner was a juvenile. Not considering the same, the petitioner’s name was falsely included in the FIR and charge sheet was filed. Later, the Investigating Officer verified the date of birth of the petitioner and found that the petitioner is a juvenile and case against the petitioner had been split up and prayed for allowing this petition.

3.Per contra, the learned Additional Public Prosecutor submitted that the petitioner was arrayed as third accused in Crime No.46 of 2022 and he was present at the scene of occurrence. Therefore, he opposed for quashing the FIR as against the petitioner and prayed for dismissal of this petition.

4.Heard the learned counsel on both sides.

5.From the submissions made on both sides and the materials available on record, it is seen that the petitioner was arrayed as A3 in FIR No.46 of 2022 and after conclusion of investigation, charge sheet was filed and the same has been taken on CC.No.94 of 2022 on the file of the District Munsif and Judicial Magistrate Court, Sendurai. Totally there are three accused in FIR No.46 of 2022 and the petitioner is a juvenile, which is recorded by the District Munsif cum Judicial Magistrate, Sendurai, in the proceedings on 17.05.2024. Thereafter too, the respondent police have not taken any steps deleting the petitioner from CC.No.94 of 2022. The learned Additional Public Prosecutor submitted that the petitioner is a juvenile is not disputed and appropriate steps taken to submit complaint before the JJ Court. Counsel for the petitioner apart from this legal aspect, submitted that the petitioner was not present at the scene of occurrence and he was elsewhere. Only the petitioner’s brother was present in the scene of occurrence and it was wrongly construed that the petitioner was also present in the scene of occurrence and his name included and further the petitioner is a student. Due to the pendency of the above case, his future life would get affected.

6.Considering the facts and circumstances of the case and the future life of the petitioner finding petitioner is a student, the Juvenile Justice Board, Ariyalur, is directed to complete the trial and dispose of the same within three months from the date of filing of the complaint by the respondent. The respondent to file the complaint against the petitioner before the Juvenile Justice Board, Ariyalur, within a period of three weeks from the date of receipt of a copy of this order.

7.Accordingly, this Criminal Original Petition is disposed of with the above directions. Consequently, the connected miscellaneous petition is closed.