PROCEEDINGS
RC. No.
CWC/EG/1507-A/2014 Dated 15th Jul 2014
To,
The Inspector of Police,
Special Juvenile Police Unit,
East Godavari District.
Eluru.
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
No comments:
Post a Comment