IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Crl.MC.No. 4019 of 2008() ----------------------------------- C.C. NO.23/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM. .... PETITIONER(S): ACCUSED. --------------------- SREEJIL JOHNSON, S/O. JOHNSON, KAZHIVILA VEEDU, KOLERI PO. WAYANAD DISTRICT. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): ------------------------ THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 4019 OF 2008 ----------------------------------------------- Dated this the 24th day of October, 2008 O R D E R Against the petitioner cognizance has been taken for offences punishable, inter alia, under Section 307 IPC. Committal proceedings has been registered before the learned Judicial First Class Magistrate Court, Malappuram as CP No.23/08. According to the petitioner as per the amended provisions of the Juvenile Justice(Care and Protection of Children) Act, 2000 (for short 'the Act'), he is a juvenile in conflict with law, he having not completed the age of 18 years on the date of commission of the offence. His juvenility has not been recognised by the investigating officer or the court. According to him, he was born on 15.05.1985 and the alleged occurrence had taken place on 11.01.02. He being a juvenile under Section 2(l) of the Act he is not liable to be proceeded against, urges the learned counsel for the petitioner. 2. This contention, according to me, must be raised by the petitioner before the learned Magistrate under Section 7 A of the Act. When such a claim of juvenility is raised, the Magistrate is bound to conduct an enquiry under Section 7 A. The petitioner is Crl.M.C. No. 4019 OF 2008 -:2:- not justified in coming to this Court without and before raising that question before the learned Magistrate. 3. This Crl.M.C in these circumstances is dismissed. But I may hasten to observe that the dismissal of this Crl.M.C will not in any way fetter the rights of the petitioner to stake his claim for juvenility and the benefit of the Juvenile Justice(Care and Protection of Children) Act, 2000 before the learned Magistrate. When such a claim is raised, the learned Magistrate must consider the same in the light of the provisions under Section 7 and 7 A of the Act and pass appropriate orders. Needless to say, such claim, if raised, will have to be disposed of expeditiously. 4. Hand over copy of this order to the learned counsel for the petitioner for immediate production before the learned Magistrate. R. BASANT, JUDGE ttb Crl.M.C. No. 4019 OF 2008 -:3:- Crl.M.C. No. 4019 OF 2008 -:4:- Crl.M.C. No. 4019 OF 2008 -:5:-