Tuesday, 15 July 2014

proceeding to SJPU for issuing summons to MPDO - East Godavari

RC. No. CWC/EG/1507-A/2014 Dated 15th Jul 2014

The Inspector of Police,
Special Juvenile Police Unit,
East Godavari District.

As you know very well that the Child Welfare Committee is also a court for the disposal of the cases of children below 18 years which is established by the Govt. of India under Sec 29(5) of Juvenile Justice (Care & Protection of Children) Act 2000, amend 2006. And this is to inform you that all the members in this committee are said to be a bench of magistrates with the powers of First Class Judicial Magistrates. Further, you know very well that, the committee has been equipped with the powers to facilitate the children in need of Care and Protection in terms of their development, care, treatment and rehabilitation under Sec 31 (2) of JJ Act 2000 r/w 2006.

The Child Welfare Committee has issued proceedings to MPDO of __________________mandal, East Godavari Dist in a case dated ___ of ____ (Month) ____ (year) for violating rights of children. Since the CWC is a bench of magistrates as cited above conferred by the powers of a first class judicial magistrate, it is authorized to issue proceedings directing to attend any perpetrator before it as and when there is a violation of child rights and JJ Act, 2000 amend 2006. But, he has violated the JJ Act, 2000 amend 2006 through deputing his subordinate to attend before CWC which is a competent authority and is a court.

Under Sec 54 of JJ Act, 2000 amend 2006 which is the procedure in inquiries, appeals and revision proceedings, it is mentioned as per sub section (1) Save as otherwise expressly provided by this Act, a competent authority while holding any inquiry under any of the provisions of this Act, shall follow such procedure as may be prescribed and subject thereto, shall follow, as far as may be, the procedure laid down in the Code of Criminal Procedure, 1973 (2 of 1974) for trials in summons cases. (2) Save as otherwise expressly provided by or under this Act, the procedure to be followed in hearing appeals or revision proceedings under this Act shall be, as far as practicable, in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).   

Hence, the CWC is hereby issued summons subject to the violation of JJ Act, 2000 amend 2006 as well as the proceedings issued by CWC which directed him to attend before it with all the necessary information and progress on the actions to be taken in the said case as prescribed by CWC within 10 days of period.

It is further directed that, in case of his absence before CWC, it will take necessary action within the purview of JJ Act being a competent authority conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class. 

So, the CWC is hereby directed the SJPU as per Chapter VI of Cr Pc under Sec 62 (Every summons shall be served by a police officer) and Sec 66 (service on government service may be on the head of the department) to serve the summons to said MPDO and directed to submit a copy of issued summons to CWC with due acknowledgment and with signature. 

Given under my hand with the seal of CWC dated this 15th day of Jul 2014.

 Encl: copy of summon 

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