BALA SUBRAMANIAN Vs. MUTHUKUMAR AND ORS.

JUDGEMENT

(1.) This Criminal Original Petition has been filed challenging the order passed by the Court below in Cr.M.P.No.3663 of 2015, allowing the application filed by the first respondent to enquire into his age and to declare him as juvenile and transfer the case to the Juvenile Justice Board.

(2.) The petitioner is the de facto complainant. Based on the complaint given by the petitioner, an F.I.R came to be registered in Crime No.57 of 2014, by the second respondent Police. After completion of the investigation, a final report came to be filed before the learned Judicial Magistrate No.II, Srivilliputhur and the case was committed to the learned Chief Judicial Magistrate, Srivilliputhur, Virudhunagar District. The charges were framed for the offences under Sections 341, 326, 307 and 506 (ii) of the Indian Penal Code against the first respondent.

(3.) The first respondent filed a petition before the learned Chief Judicial Magistrate / Assistant Sessions Judge to fix the age, as he claimed juvenility. This petition was taken on file by the Court below and the Court below took into consideration Ex.P1, which is a family ration card, Ex.P.2, which is the birth certificate of the first respondent and also the evidence of P.W.1, who is said to be the mother of the first respondent. The Court below also directed the Medical Officer to examine the first respondent and determine his age and a report was also received from the Medical Officer. After considering all these materials, the Court below has declared the first respondent as a juvenile on the ground that as on date of occurrence on 12.04.2014, the first respondent had completed only 17 years and 10 months and therefore, he was a juvenile on the date of the alleged occurrence. The Court below proceeded to transfer the entire case records to the Juvenile Justice Board. Aggrieved by this order, the petitioner / de facto complainant has preferred the present Criminal Original Petition before this Court.