ABDUL AZIZ Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) An important question arises in these two cases. Since common question is involved, both these cases are heard and disposed of together.

(2.) The petitioner in Criminal M.C. 2715/2011 is an accused against whom the allegation made is that on 4-2-2005 at 6.30 p.m., he rode the motor cycle bearing No. KL7 - AG 5750 on a public road in a rash and negligent manner so as to endanger human life and hit a child aged 3 years. The child later succumbed to those injuries. Hence, the charge - sheet was laid against the accused alleging offences punishable under S.279 and S.304 A IPC.

(3.) The learned Magistrate found that the victim in this case is a child and as such the case is to be tried by the Children's Court and therefore the case was committed to the Children's Court (Principal Sessions Court, Ernakulam). The learned counsel for the petitioner submits that the offence alleged against the petitioner is not to be tried by Children's Court since no violation of child right is involved in this case and as such the order passed by the learned Magistrate is liable to be set aside.