SUMMONS

Dear Mr. Kishore CWC Prakasam and other CWC Members

As per your request regarding the model of summons and letter to SJPU for  serving the summons to witness / accused... for your ready reference...we are bringing to your reference with regard to the earlier issued summon by CWC Prakasam district for your ready reference
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CHILD WELFARE COMMITTEE,

........................... District 

SUMMONS

Under Sec 54 of JJ Act, 2000 amend 2006

Date:  17^th Feb 2014

Police station: Maddipadu, Prakasam dist

Case no: RC No. CWC/PRK/2502/2014 Dated 25^thFeb 2014

To,

Mr. xxxxxxxxxxx

xxxxxxxxxxx,

xxxxxxxxxxxxxx village

xxxxxxxxxx Mandal,

Prakasam District.

Boy child/Girl Child : xxxxxxxxx aged 16 years

Under Sections:

·         Sec 4 of POCSO Act, 2012

·         Sec 32 of JJ Act 2000 amend 2006

You are hereby summoned to appear before the Child Welfare Committee, Prakasam District, ONGOLE  on ____________at  office of Child Welfare Committee, C/o. 2^nd floor, District Women and Child Development Agency, 3^rd lane ramnagar, Ongole to dispose the case in the subject matter of compensation under Sec 31 of JJ Act 2000, amend 2006 to the victims girl.

Given under the hand and seal of the Child Welfare Committee, Prakasam District. 

sd/- x x x x x x x  x

Chairperson / Member

Child Welfare Committee

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model letter to SJPU for serving above summons

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PROCEEDINGS

RC No. CWC/PRK/1703/2014 Dated 17^thFeb  2014

To,

The In-Charge officer,

SJPU,

Prakasam Dist.

The Child Welfare Committee as per Section 29(5) of the Juvenile Justice (Care & Protection of Children) Act, 2000, amend 2006 is a statutory authority constituted by the Govt. of AP and functioning as a Bench of Magistrates with powers of Judicial Magistrates of the First class.  The Child Welfare Committee (hereinafter CWC) under the Act is the final authority to dispose of cases concerning children (not completed 18 years of age) in need of care and protection in terms of their development, care, treatment and rehabilitation. The CWC is also empowered to inquire into offences committed against children.

The CWC has issued its proceedings with reference no. RC No. CWC/PRK/2502/2014 Dated 25^thFeb 2014 and instructed to pay a compensation of Rs. 5 Lakh (rupees five lakhs only) by treating the victim girl as a “child in need of care and protection” under Sec 2(d) (vi) of JJ Act, 2000 amend 2006 with reference to the above case of a minor victim girl who has affected by sexual abuse by one Xxxxxxxxx while working in his home as a domestic labor. A criminal case has also been booked against him under Sec 312 IPC and Sec 4 of POCSO Act, 2012 with FIR No 207/2013 on 4/11/2013 in Maddipadu Police Station. It is noted that, the victim girl is being or is likely to be grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts.  It was further instructed that, the compensation shall be paid within a period of 1 month and in case any of the failure of executing the instructions by CWC you are legally under Sec 28 of JJ Act, 2000 amend 2006.

But, the above issued proceedings of CWC have returned back by the postal department quoting that, the receiver of the proceedings Mr. Xxxxxxxxx is not available at the given address and stated that, he is out of station.

In this connection the CWC of Prakasam District is hereby resolved to issue summons to the accused Mr. Xxxxxxxxx under Sec 54 of JJ Act, 2000 amend 2006 by keeping in view of severity of the crime against the innocent victim girl and by considering her pathetic and vulnerable situation. The summons hereunder issued to the said perpetrator/accused Mr. Xxxxxxxxx under

  

54 (1) defines that, 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 under 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, 19 3(2 of 1974).

The CWC is empowered with the powers conferred under Sec 31 and 29 (5) of JJ Act, 2000 amended 2006 that the Committee shall function as a Bench of Magistrates and shall have the powers conferred by the Code of Criminal Procedure, 1973 (2of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class.

The CWC is hereby directed under section 62 of chapter VI of Cr Pc  to serve these summons  to said perpetrator Mr. Xxxxxxxxx and ensure to produce him before Child Welfare Committee, Prakasam district on dated____________.

Given under my hand with the seal of CWC dated this 17^th day of Feb 2014.

Sd/- x x x x x x x x

Chairperson / Member

Child Welfare Committee

Encl:  Summons in duplicate

Cc: To The Suptd of Police, ONGOLE, Prakasam District

       To The inspector of police, SJPU, C/o.DCRB,Prakasam dist, Ongole

Note: Names changed to maintain anonymity