CHINNATHAMBI Vs. STATE

JUDGEMENT

(1.) The Railway Police, Vijayawada, apprehended several individuals who were found to be wandering aimlessly on the Railway platform not having any home or settled place of abode or visible means of subsistence and without being under supervision of parents or guardian. The Sub-Inspector of Police brought them before the Juvenile Court, Vijayawada, and filed charge-sheets against them for action under section 29 of the Madras Children Act (IV of 1920) (hereafter referred to for convenience as the Act). The learned Magistrate registered the cases as mentioned below : <FRM>MAH.B308.71205.htm</FRM>

(2.) In each case, the learned Magistrate read over the charge to the individual concerned and explained to him according to section 242, Criminal Procedure Code. The individual admitted that he was wandering about. The learned Magistrate thereupon held that the individuals should be detained in a certified school. She did not hold any inquiry regarding the age, but in the judgment she stated the age in one sentence. For example, in J.C. No. 255 of 1959, the learned Magistrate stated : " The age of the boy is 14 years ". Accordingly, she committed all the persons to the Senior Certified School, Chingleput, for a period of three years except in J.C. No. 252 of 1959. In that case, the Magistrate (Srimati S. Seetharamamma) declared the age of the individual as 14 years and directed him to be detained in Junior Certified School, Bellary. When the individual was produced in that school, the Headmaster refused to admit him on the ground that he had already attained 14 years. Thereupon, the Magistrate (Srimati P. Lalita Bai) passed a fresh order, dated 2oth November, 1959, committing the individual to Senior Certified School, Chingleput. Subsequently, Srimati Seetharamamma, the Magistrate of the same Juvenile, Court, sent a letter, dated 22nd November, 1960, to this Court saying that in the eight cases listed out, the individuals concerned were committed to Senior Certified School instead of the Junior Certified School by oversight and requesting orders of this Court for transfer of the juveniles from the Senior Certified School, Chingleput, to Junior Certified School, Hyderabad. One of the cases listed out by her is J.C. No. 252 of 1959. Obviously, the Magistrate did not notice as to what had happened in that case. The same Magistrate who made reference in that case, namely, Srimati Seetharamamma had passed the original order, dated 20th September 1959, declaring the age of the individual to be 14 years and committing him to Junior Certified School, Bellary. That order could not be given effect to as it was wrong and the subseqent order, dated 20th November, 1959, committing the individual to senior certified school was passed by Srimati P. Lalita Bai.

(3.) On the reference received from the learned Magistrate, this Court registered these Criminal Revision Cases and called for the remarks of the learned Additional Sessions Judge, Krishna at Masulipatam, in its Official Memorandum Roc. No. 7738/60 BI, dated 30th November, 1960. The learned Additional Sessions Judge, by his report, dated 15th December, 1960, sent his detailed remarks on the relevant aspects of each case. Notices were issued to the individuals in each case. They were duly served on all of them except the individual concerned in Criminal R.G. No. 773 of 1960 (J.C. No. 275 of 1959). No one appeared on behalf of those individuals in this Court. I have heard the learned Public Prosecutor on behalf of the State. Section 3 of the Act runs thus :