Juvenile Act
Abdul Latheef
(Querist) 21 August 2010
This query is : Resolved
Respected Sirs,
Am permanent resident in Rajaghiri Vilage, Papanasam Taluk, Thanjavur District, Tamilnadu. As of now am doing my higher studies.
On 16.10.2001 a Panchayat Board election was conducted by Honourable Election Commision India, where my mother contested as President candidate.
On the event of the above there was dispute arose between the opposite candidate and us, on which the opponent candidate husband unlawfully gathered several hundred of goondas after election is over and destroyed our house , cars and hurted my father and his supporting cadres. On this account local police have registered a case against them on Crime No. 335/2001 under IPC 147, 148, 336, 324, 506(II) and 3(I)TNPPDL ACT.
But the opponent candidate husband have good influence over the local administration and local police with the good political support, in which he influenced local police to file a counter case on us on Crime No. 336/2001 (My father, me and other cadres) under the sections of 147, 148, 341, 324 and 506(II) IPC for making compromise for the earlier case registered(335/2001) . Later we got Anticibatory from Honourable High Court of Madras and bail from The Chief Judicial Magistrate, Thanjavur.
I have not recieved the summon as am out of station for my studies.
Still the case is pending for almost nine years before Honourable Judicial Magistrate, Papanasam.
My query is about THE TAMIL NADU JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) RULES, 2001. The case is registered when i am 16 years and 7 months old. But recently i understand from my father that a warrant has been issued against me from Honourable Judicial Magistrate, Papanasm to appear in the court. As am 16+ years old at the time of registration of case now am 25 years old. Please advice me whether i can take the help of Juvenile Justice Boards for seperating me from the other persons and to prove am not at guilt as the case filed is case in counter. Other wise i should appear before Judicial Magistrate, Papanasm.
Also please advise me the procedures and concern person to relieve me from the fabricated case.
Regards,
Abdul Latheef.
Bidhan Dave
(Expert) 23 August 2010
The offence against you was registered when you were juvenile.
Your case can not be tried in regular court i.e. in the court of chief judicial Magistrate.
You will be tried in the Juvenile Court, even if you have attended majority. It is duty of the court to separate your case & transfer the same to Juvenile Court. You can file an application to transfer your case to Juvenile Court, if your case is not transferred.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 August 2010
