IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Crl.MC.No. 612 of 2011() ----------------------------- SC.151/2003 OF ADDL. SESSIONS COURT ADHOC-II, THALASSERY CRIME NO.234/2000 OF PANOOR POLICE STATION. .................... PETITIONER(S): ACCUSED ------------------------------- T.K.SUBIN @ JITHU, AGED 24 YEARS AS PER THE CHARGE, S/O.BHASKARAN, THAZHEKUNIYIL HOUSE, PANOOR AMSOM, KOOTTERI, PANOOR, KANNUR. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT --------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.234/2000 OF PANOOR POLICE STATION, KANNUR) BY PUBLIC PROSECUTOR SRI.M.R.VENUGOPAL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO.612/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I:COPY OF THE CHARGE FRAMED BY ADDL. SESSIONS COURT (ADHOC-II), THALASSERY, DATED 11/10/2006. ANNEXURE II:COPY OF THE PETITION SUBMITTED BY THE PETITIONER ON 17/06/2004 AS CMP NO.1120/2004 IN SC NO.151/2003. ANNEXURE III:COPY OF THE PROCEEDINGS INITIATED BY THE ADDL. SESSIONS COURT (ADHOC-II), THALASSERY. ANNEXURE IV:COPY OF THE OFFICIAL MEMORANDUM DATED 17/08/2004. ANNEXURE V:COPY OF FINAL REPORT SUBMITTED BY THE PANOOR POLICE IN CRIME NO.235/2000. ANNEXURE VI:COPY OF THE CERTIFICATE ISSUED FROM BOARD OF EXAMINATIONS. ANNEXURE VII:COPY OF THE JUDGMENT IN AER 2010 SC 1801 DHARAMBIR VS STATE (NCT OF DELHI) AND ANOTHER. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J ===================== CRL.M.C.No.612 of 2011 ===================== Dated this the 29th day of August, 2011 ORDER The petitioner is arrayed as the 5th accused in S.C.No.151 of 2003 of the Addl.Sessions Court(Adhoc-II), Thalassery. The incident pertaining to that case took place on 5.12.2000. It was stated that the petitioner was below 18 years as on the date of offence, his date of birth being 25.5.1983. Hence he has to be treated as a juvenile. His case cannot be tried by the Sessions Court. Hence the 5th accused has to be deleted from the array of accused in S.C.No.151 of 2003. The concerned police officer can file a report against the petitioner before the Juvenile Justice Board. The Crl.M.C. is allowed as stated above. N.K.BALAKRISHNAN, JUDGE Cdp/-