VAHEEDA Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, by the 2nd accused in C.C. No.1303/2017 on the files of the Additional Chief Judicial Magistrate Court, Ernakulam, to quash Annexure.A2 order passed by the learned Additional Chief Judicial Magistrate in C.P. No.38/2023 dtd. 2/12/2023 and all further proceedings pursuant thereto pending as S.C. No.78/2024 on the files of the Special Court for the trial of cases under the Protection of Children from Sexual Offences Act, Ernakulam.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the legal provisions and judgments on the point.

(3.) In this matter, the prosecution alleges commission of offences punishable under Ss. 23 and 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 [hereinafter referred as 'JJ Act' for short]. Earlier, the 1st accused was discharged and accused Nos. 2 and 3 are facing indictment. As per Annexure.A2 order dtd. 2/12/2023, the learned Additional Chief Judicial Magistrate ordered committal of the case before the Children's Court, Ernakulam, finding that the said Court alone has jurisdiction to try the offence.