MADAN LAL Vs. STATE

JUDGEMENT

(1.) THIS revision under Section 401 read with Section 482, CrPC has been filed against the order dated 4-4-87 passed by the learned Sessions Judge, Pratapgarh, whereby he cancelled the bail granted to the revisionist Madan Lal by the Juvenile Court of Pratapgarh under the U. P. Children Act, 1951 and directed the case against the revisionist to be heard by the Chief Judicial Magistrate, Pratapgarh, in accordance with law.

(2.) IT appears that Madan Lal is the sole accused for offence punishable under Section 302, IPC, allegedly committed by him on 4-4-86. He surrendered in the court of the Chief Judicial Magistrate on 10-4-86 and was given judicial remand. Subsequently, he moved the Juvenile Court for grant of bail on the ground that he was a child within the meaning of U. P. Children Act (in short the Act). The applictiaon was rejected.

(3.) THE informant, whose son had been murdered, then moved the court of Sessions for cancellation of bail. THE learned Sessions Judge held that the Juvenile Judge adopted illegal procedure. He observed that the revisionist had himself surrendered before the Chief Judicial Magistrare to determine in the first instant under section 3 (2) of the Act whether he was a child or not and if found to be a child to refer him to the Juvenile Court. He observed that the order passed by the Juvenile Judge was capable of being challenged in revision before him because the Juvenile Judge is a criminal court and all criminal Courts are subordinate to the Sessions Court for the purposes of Section 397 and 401 CrPC. He has also referred to the provisions of Section 62 of the Act and observed that the Chief Judicial Magistrate could have forwarded the petitioner to the Juvenile Court having jurisdiction. On this basis he passed the impugned order.