1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.10.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRL.O.P.(MD).No.13566 of 2011 and M.P.No.1 of 2011 Mariyanathan :Petitioner/Accused No.2 -Vs- State through the Inspector of Police, Devakottai Taluk Police Station, Crime No.1 of 201, Sivagangai District. :Respondent/Complainant PRAYER:Petition is filed under Section 482 of the Code of Criminal Procedure to direct the Judicial Magistrate, Devakottai, Sivagangai District to conduct an enquiry regarding the age of the petitioner/accused No.2 whether he was a juvenile or not at the time of commission of the alleged offence to come to a conclusion whether the petitioner/Accused No.2's case S.C.No.86 of 2011 has to be tried before the Juvenile Justice Board or before the Principal Sessions Judge, Sivagangai and then to proceed the case under the proper Court of law. For Petitioner:Mr.T.K.Gopalan For Respondent:Mr.P.Kannidevan, Government Advocate (Crl.Side) ORDER The petitioner is the second accused in S.C.No.86 of 2011 pending on the file of the learned Principal Sessions Judge, Sivagangai, for offences under Sections 302, 376 r/w 34 IPC. 2.According to the petitioner, his date of birth is 03.04.1993. The date of occurrence is 01.01.2011 and he was arrested on 03.01.2011. According to the learned counsel, on the date of the occurrence, the petitioner was a juvenile, and therefore, he is entitled for the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000, [hereinafter referred to as "the Act"]. 3.The learned counsel for the petitioner would point out that despite objections raised, the learned Principal Sessions Judge, Sivagangai, is likely to go ahead with the trial treating the petitioner as an adult along with the other accused. In such a situation, the petitioner has come up with the present Criminal Original Petition seeking a direction to the learned Principal Sessions Judge, Sivagangai, to hold an enquiry into the age of the petitioner to ascertain as to whether he was a juvenile on the date of the commission of offence. 4.The learned Government Advocate (Criminal Side) is not in a position to refute the same. https://hcservices.ecourts.gov.in/hcservices/ 2 5.A copy of the School Certificate produced by the learned counsel for the petitioner shows that the date of birth of the petitioner is 03.04.1993. Therefore, prima facie there is a material before this Court to show that the petitioner is a juvenile, and therefore, he is entitled for the benefit of the Act. It is needless to point out that the question of age can be raised at any stage of the case. For any reason, if the petitioner is found to be a juvenile at a later point of time, after the trial is over, the entire exercise will be a waste. Therefore, it is in the interest of justice to ascertain the age of the petitioner at the earliest possible time. In such view of the matter, I am inclined to issue a direction as prayed for. 6.In the result, this Criminal Original Petition is allowed with a direction to the learned Principal Sessions Judge, Sivagangai, to hold an enquiry forthwith in respect of the age of the petitioner, ascertain the age and for any reason, if the Court comes to the conclusion that the petitioner was a juvenile on the date of commission of offence, the Trial Court shall split up the case and forward the same to the Juvenile Justice Board for trial in accordance with law. It is made clear that if the Court finds that the petitioner was not a juvenile on the date of commission of offence, there will be no impediment for the Trial Court to proceed with the case against the petitioner along with the other accused. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (T&P) / TRUE COPY / Sub Assistant Registrar To: 1.The Judicial Magistrate, Devakottai, Sivagangai District. 2.The Principal Sessions Judge, Sivagangai. 3.The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District. 4.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. NB RP/04.11.2011/2P/5C. ORDER MADE IN CRL.O.P.(MD).No.13566 of 2011 19.10.2011 https://hcservices.ecourts.gov.in/hcservices/