SHRADDHA MEGHSHYAM VELHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant is the complainant in a case under the Protection of Children from Sexual Offences Act, 2012 (the Children Act). Upon her complaint the accused was produced by Nizampura Police Station before the Court of learned J.M.F.C., Bhiwandi for remand. The applicant made an application taking exception to the remand proceeding before the learned Magistrate on the ground that only the special Court constituted under the Children Act would have jurisdiction to take remand and pass any order under the Act. That application came to be rejected under the impugned order by the learned Magistrate on the ground that the act of remand was a precognizance stage when the learned Magistrate was not barred from passing any order.

(2.) IT is the case of the applicant that all the applications upon her complaint must be made only before the Children Court and consequently the first production of the accused for remand also must be before the Children Court as that Court alone is empowered to take cognizance of the offence even before the case is being committed to it for trial by any Magistrate.

(3.) THE provisions of the Children Act must be first seen. The statement of the objections and reasons under the Children Act dated 19.06.2012 shows reasons for the enactment of the Act thus: To protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto.