RADHAKRISHNAN @ SHYAMSUNDAR S/O NARAYANAN NAIR v. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR
2021-01-15
P.V.KUNHIKRISHNAN
body2021
DigiLaw.ai
ORDER : 1. The petitioner is the 1st accused in S.C. No.217/2015 on the file of the Sessions Court, Manjeri. The above case is charge sheeted against the petitioner and another alleging offences punishable under Sections 21 and 23 of the Juvenile Justice (Care And Protection Of Children) Act (J.J. Act), 2000 and under Section 13 read with Section 24 of the Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960, (for short 'the Act, 1960'). 2. The prosecution case is that the petitioner, who is the 1st accused, is the President of Snehalayam Society and the 2nd accused is the Chairman of Oswal Orphanage and they are running their respective institutions without proper licenses and registration, required under the Act, 1960. It is alleged that the 2nd accused committed offence under Sections 21 and 23 of the J.J. Act, also. 3. Heard learned counsel for the petitioner and the Public Prosecutor. 4. The learned counsel for the petitioner submitted that the only allegation against the petitioner (1st accused) is that he committed the offence under Section 13 read with Section 24 of the Act, 1960. According to the counsel, for prosecuting a person under the Act, 1960, sanction is necessary under Section 25 of the Act, 1960, from the District Magistrate or the Chief Presidency Magistrate, as the case may be. The counsel submits that there is absolutely no sanction obtained by the prosecution before lodging the final report. On that simple reason the prosecution is unsustainable. 5. The learned Public Prosecutor, after getting instruction, conceded that no sanction is obtained under Section 25 of the Act, 1960. But the learned Public Prosecutor submits that this is also a matter to be raised before the trial court and this Court may not interfere with the final report in a petition filed under Section 482 Cr.P.C. 6. Section 24 of the Act 1960 read like this:- “24. Penalties.
But the learned Public Prosecutor submits that this is also a matter to be raised before the trial court and this Court may not interfere with the final report in a petition filed under Section 482 Cr.P.C. 6. Section 24 of the Act 1960 read like this:- “24. Penalties. Any person who fails to comply with any of the provisions of this Act or of any rule, regulation, direction or order thereunder or any of the conditions of a certificate shall be punishable in the case of a first offence with imprisonment which may extend to three months or with fine which may extend to two hundred and fifty rupees or with both, and in the case of a second or subsequent offence, with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.” 7. I perused Annexure A2 final report. There is no allegation against the petitioner for the offences under Sections 21 and 23 of the J.J. Act. The only allegation against the petitioner is under Section 13 read with Section 24 of the Act, 1960. Admittedly there is no sanction obtained by the Investigating Officer in accordance with Section 25 of the Act, 1960. When the learned Magistrate took cognizance of the offences under the Act, 1960, without sanction, taking cognizance itself is illegal. If that is the case, according to me, the prosecution against the petitioner is unsustainable. Therefore this criminal miscellaneous case is allowed. All further proceedings against the petitioner in S.C. No.217/2015 on the file of the Sessions Court, Manjeri, are quashed.