Observing that an FIR could not have been registered against a juvenile for a petty offence under the Juvenile Justice Act, theKarnataka High Courtrecently quashed the chargesheet and criminal proceedings against a youth who was stated to be below 18 years at the time of the alleged offence.
JusticeM Nagaprasannapassed the order while partly allowing a plea filed by the accused, who had sought quashing of the proceedings registered under various sections of theIndian Penal Code(IPC).
“If it is a petty offence, the Police would not get jurisdiction to register the crime and investigate into the matter of a juvenile.
Juvenile would be an accused below the age of 18 years committing petty offence.
The crime ought to have been registered before the juvenile police or the Child Welfare Police Officer in the Special Juvenile Police Unit,” the court said.
The court, therefore, ordered the transfer of the entire matter to the juvenile police unit for fresh investigation.
Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism.
Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience.
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This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents.
Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news.
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