CCL LK @ LKP Vs. STATE

JUDGEMENT

(1.) The present petition raises important question of law.

(2.) The question of law that arises is as to whether under Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the JJ Act), once a preliminary assessment report has been received from the Juvenile Justice Board under Section 15 of the JJ Act, the Children's Court is obliged to accept the report and proceed further for trial of the child as an adult or has to take a decision as to whether there is need for trial of the child as an adult or not as stipulated under Section 19(1)(i) and Section 19(1)(ii) of the JJ Act.

(3.) The contention of the learned counsel for the petitioner is that it is mandatory for the Children's Court under Section 19(1) of the Act, on receipt of preliminary assessment report, to take a decision as to which of the two courses provided by Section 19(1) i.e. 19(1)(i) 19(1)(ii) of the Act is to be adopted.