Anonymous
Asked March 21, 2017

Prosecution of a juvenile

  • 1 Answer
  • 573 Views

sir mere pe ek case h chori ka jb case hua tha us tym mai 16 years ka thaa Jo case av Patna civil court me chal rhaa h mere sath 4 or log ka naam h kyaa mai case ko jubline court me transfer krwa skta hu?????

Answer 1

If you were aged 18 years or below, when the crime was committed or the charges were pressed then as per the Juvenile Justice Act, you were a minor and thus could be tried only by the Juvenile Justice Board.

 

Please file an affidavit before the court where the trial is currently on and seek your case to be transferred to a Juvenile Justice Board.

 

You can also approach the high court and ask them to do the same under Section 482 of CrPC- which allows High Court to do anything to ensure justice and under Article 226 of the Constitution- where the case against you in the Patna civil court can be quashed under the writ of “Certiorari”. Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi judicial authority.

 

 

There are several conditions necessary for the issue of writ of certiorari .

  • There should be court, tribunal or an officer having legal authority to determine the question with a duty to act judicially.
  • Such a court, tribunal or officer must have passed an order acting without jurisdiction or in excess of the judicial authority vested by law in such court, tribunal or officer.
  • The order could also be against the principles of natural justice or the order could contain an error of judgment in appreciating the facts of the case.
  •  

    In this case, since you were a juvenile when the charges were pressed against you, the civil court lacks authority to look into your case and thus the writ of certiorari is to be applied.

    Agree Comment 0 Agrees over 3 years ago

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