Kerala high court sets aside order barring juvenile from driving until age 25
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Kochi: The Kerala high court has set aside the portion of an order issued by the judicial first-class magistrate court, Kozhikode, which directed that a juvenile who had illegally operated a motor vehicle shall not be eligible for a driving licence until he attains the age of 25.
Justice P V Kunhikrishnan issued the order on a petition filed by a 22-year-old man from Kozhikode, challenging the direction issued by the magistrate court. The prosecution's case was that, in 2020, the magistrate court had convicted the petitioner's father and sentenced him to pay a fine of Rs 26,200 under sections 269 and 336 of the IPC, and section 5 of the Kerala Epidemic Diseases Ordinance (KEDO), 2021, along with imprisonment till the rising of the court, for an offence related to the petitioner, then a juvenile, illegally operating a motor vehicle during the pandemic.
The magistrate court also ordered that the juvenile shall not be granted a driving licence until he reached 25 years of age, a direction that was challenged before the HC.
While considering the matter, the bench noted that the petitioner was not a party to the case adjudicated by the magistrate court, as the proceedings against him, being a juvenile at the time, had been forwarded to the juvenile court as per the final report.
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The high court observed that the magistrate court had erred in issuing such a direction, as it was not competent to impose a punishment on a juvenile under the Juvenile Justice (Care and Protection of Children) Act.
Accordingly, the court set aside the portion of the magistrate's order that barred the petitioner from obtaining a driving licence until the age of 25.
Kochi: The Kerala high court has set aside the portion of an order issued by the judicial first-class magistrate court, Kozhikode, which directed that a juvenile who had illegally operated a motor vehicle shall not be eligible for a driving licence until he attains the age of 25.
Justice P V Kunhikrishnan issued the order on a petition filed by a 22-year-old man from Kozhikode, challenging the direction issued by the magistrate court. The prosecution's case was that, in 2020, the magistrate court had convicted the petitioner's father and sentenced him to pay a fine of Rs 26,200 under sections 269 and 336 of the IPC, and section 5 of the Kerala Epidemic Diseases Ordinance (KEDO), 2021, along with imprisonment till the rising of the court, for an offence related to the petitioner, then a juvenile, illegally operating a motor vehicle during the pandemic.
The magistrate court also ordered that the juvenile shall not be granted a driving licence until he reached 25 years of age, a direction that was challenged before the HC.
While considering the matter, the bench noted that the petitioner was not a party to the case adjudicated by the magistrate court, as the proceedings against him, being a juvenile at the time, had been forwarded to the juvenile court as per the final report. The high court observed that the magistrate court had erred in issuing such a direction, as it was not competent to impose a punishment on a juvenile under the Juvenile Justice (Care and Protection of Children) Act.
Accordingly, the court set aside the portion of the magistrate's order that barred the petitioner from obtaining a driving licence until the age of 25.
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