MANGE Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under Section 482 Criminal Procedure Code for quashing the proceedings pending before the Sessions Judge, Meerut under Sections 439(2) Criminal Procedure Code.

(2.) The facts giving rise to this petition are that the petitioner is being tried for an offence under Section 377 Indian Penal Code on 8.4.83 the Juvenile Judge passed an order to the effect that the petitioner is below 16 years of age. On ] 3.4.1983 the opposite party No.2, the complainant, gave an application for getting the petitioner medically examined by the Chief Medical Officer. On 14.4.1983 the Juvenile Judge allowed bail to the petitioner. The opposite party No.2 gave an application under Section 439(2) Criminal Procedure Code before the Sessions Judge, Meerut. On 3.6.1983 the Sessions Judge, Meerut directed the medical examination of the petitioner by the Chief Medical Officer. This order was passed in Criminal Misc. Case No. 630 of 1983. The Chief Medical Officer, Meerut examined the petitioner on 9/6/1983 and Annexure CA.3 is the copy of the examination report. The petitioner has prayed for quashing the proceedings before the learned Sessions Judge as be has no jurisdiction in the matter.

(3.) I have heard the learned counsel for the parties and have gone through the record.) Section 2 (4) of the U. P. Children Act, 1952 defines a Child as below: Child means a person under the age of sixteen years. Section 2(7) of the Act defines a Juvenile Court as below: Juvenile Court means a court established under sub-section (1) or Section 60 and includes a Court sitting in the manner provided by sub-section (2) of that Section. Section 2(13) of the Act defines a youthful offender as below: Youthful offender means any child who has been found to have committed an offence punishable with transportation or imprisonment Section 60 of the Act provides as below: Juvenile Court