IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Crl.MC.No. 4151 of 2008() ------------------------- CRIME NO. 245/08 OF KUMBLA POLICE STATION PETITIONERS: --------------- 1. KALANTHAR SHAFI, 16 YEARS, S/O.MOOSA R/AT.HEROOR, KUMBANNOOR VILLAGE, KASARAGOD. 2. ABDUL SAMEER, 17 YEARS, S/O.IBRAHIM R/AT.CHAKKETTADI, HEROOR, KASARAGOD. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): --------------- STATE REP. BY THE STATION HOUSE OFFICER KUMBLA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4151 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November, 2008 O R D E R The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 153 A r/w 149 I.P.C. Allegations raised in the F.I.R against the accused persons are indeed grave and serious. 2. The petitioners have come before this Court to report to the Court the fact that they are juveniles in conflict with the law as defined under Section 2(l) of the Juvenile Justice (Care and Protection of Children) Act, 2000, they having not completed the age of 18 years on the date of the alleged offence. No semblance of material has been placed before Court to satisfy the court that they are aged below 18 years on the date of the alleged offence. Though time was given to produce relevant materials, no such documents have been produced so far. The petitioners, it is stated, are students, who had attended school. To me it appears that it will not be difficult for them to produce at Crl.M.C.No. 4151 of 2008 2 least the school documents to show the correct age of the petitioners. 3. Thus in as much as no material is placed before this Court to conclude that the petitioners were juvenile on the date of the commission of the offence, I am satisfied that no direction under Section 482 Cr.P.C. need be issued. Any police officer/arresting officer or who wants to proceed against the petitioners will certainly have to consider whether the petitioners are juvenile in conflict with the law as defined under Section 2(l) of the Juvenile Justice (Care and Protection of Children) Act. It is open for the petitioners also to produce appropriate documents to satisfy the Investigating Officer or the court as the case may be that they are juveniles in conflict with the law and deserve to be treated and proceeded against only in accordance with the provisions of the said Act. No further or specific directions appear to be necessary in the facts and circumstances of this case. 4. This Crl.M.C. is dismissed with the above observations. (R. BASANT) Judge tm