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Girija Shanker Sharma (Attorney & Solicitor )     10 March 2011

Juvenile Justice

Sir, can anybody guid me and cite some judgment related to Juvenil Justice. Fact of the case are that a Juvinile was arrested by the police whose age was under 18 at the time of alleged offence, still he is under 18 years. The police arrested him and produced before Criminal Court instead of Juvinile Board and the court remanded the Juvenile to J.C. Subsequently Bail obtained from Criminal Court, but regarding the age proof, did not file any documents related to birth, infact Birth Certificate and Educational Records were in the custody of parents. Crime was registered U/s.420 R/w. Section 51 and 63 of Copyrite Act, for selling duplicate mobile phone batteries. Infact as per my knowledge the Batteries does not covered under Copyright protection. There is no complaint from any manufacturer or on behalf of anybody. It is alleged that on some credible information the task force police apprehended the Accused and on the complaint of SI of Task Force crime is registered.  Now guid me. Charge sheet is not filed, but with Remand Diary it reflects that Invistation completed.

(1). Can i file Quash Proceeding before Hon'ble High Court at this state - 

(2) Can i file Writ Petition challenging and action of the police arbitarary.

(3) Can i file discharge petition before regular trail court

(4) Can i file Petition or memo for transfer of the case before Juvenile Board

Suggest and also cite some judgement on this issue. 



Learning

 1 Replies

M.Sheik Mohammed Ali (advocate)     11 March 2011

you can file Petition or memo for transfer of the case before Juvenile Board


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