V JUSTIN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE order dated 13. 10. 2004 passed in Criminal Miscellaneous petition No. 218 of 2004, in Sessions Case No. 65 of 2004 by the Assistant Sessions Court, padmanabhaburam, is now under challenge.

(2.) THE criminal revision petitioner as petitioner has filed Criminal Miscellaneous petition No. 218 of 2004, praying to transfer Sessions Case No. 65 of 2002 to the file of the judicial Magistrate Court No. 1, Thirunelveli (Juvenile Justice Board ).

(3.) IT has been stated on the side of the petitioner that in Sessions case No. 65 of 2002, the petitioner has been arrayed as accused and the alleged occurrence has taken place at the age of 16 of the petitioner and as per Section 2 (k) of Juvenile Justice (Care and Protection of Children) Act, 2000, the Assistant sessions Court, Padmanabhapuram, has no jurisdiction to conduct the trial in Sessions case No. 65 of 2002 and the Judicial Magistrate Court. No. 1, thirunalveli (Juvenile Justice Board) is having competent jurisdiction. Under the said circumstances, the petitioner has come forward with the present Petition for the relief sought for in the Petition.