BALACHANDRAN N Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question which arises for consideration in this petition under Section 482 of Criminal Procedure Code is whether orphanages and charitable homes which are registered under the Orphanages and other Charitable Homes (Supervision and Control) Act 1960 have to be again registered under Section 34(3) of Juvenile Justices (Care and Protection of Children)Act 2000 as amended by Act 33 of 2006. Petitioner is the Secretary of Association of Orphanages and Charitable Homes in Kerala, Wayanad Branch. The second respondent is the Child Welfare Committee, Sulthan Bthery, Waynad District, represented by its Chairman which is constituted under Section 29 of Juvenile Justices (Care and Protection of Children) Act 2000. About 43 Orphanages and 19 Old age homes in Wayanad District are the members of the above mentioned association. It is registered under Orphanages and other Charitable Homes (Supervision and Control) Act of 1960. The second respondent issued a notice to the petitioner to register its organisation under Section 34(3) of Juvenile Justices (Care and Protection of Children) Act 2000 as amended by Act 33 of 2006. The petitioner filed a detailed explanation. Thereafter the second respondent issued Annexure-Al summons asking the petitioner to appear before the committee. For which the petitioner filed Annexure-A2 explanation. Meanwhile the committee addressed to the Secretary to Government recommending to stop the disbursement of grants to the Children Homes in Wayanad District until they are registered under Section 34(3) of the Juvenile Justices Act, 2000. Challenging the said recommendation the petitioner filed Writ petition(c) No. 28307 of 2008 before this Court which is now pending. Wherein it has been directed that proceedings if any, taken by the Child Welfare Committee, shall be finalised except after getting orders from this Court. Meanwhile the second respondent issued an arrest warrant against the petitioner.

(2.) The petitioner contended that the second respondent has no authority to issue a warrant, that Section 87 of the Code of Criminal Procedure has to be complied with while issuing such a warrant. In this petition the petitioner requested to recall the said Arrest Warrant No. CWC 1/2008 dated October 16, 2008 issued by second respondent.

(3.) The second respondent filed a detailed counter stating that the Child Welfare Committee is acting as a Bench of Magistrate under Section 29(5) of the Juvenile Justices (Care and Protection of Children) Act 2000, that therefore the said committee is entitled to issue the warrant in question and that in spite of the notice petitioner did not appear before the committee which necessitated the issuance of the said warrant.