LEELA NARVEKAR Vs. KESHAV NARVEKAR

JUDGEMENT

(1.) Aggrieved by an order of the President, Children s Court for the State of Goa at Panaji, which has dropped charge under Sec. 2(m)(i) punishable under Sec. 8 (2) of the Goa Children s Act, 2003 against accused Nos.1 to 9, the petitioner (original complainant) has preferred this Criminal Revision Application under Sec. 401 of the Code of Criminal Procedure.

(2.) The brief facts are that the respondents-original accused Nos.1 to 9 alleged to have caused injuries in an altercation between two families on 24/9/2014 in which three young girls, aged about 10 years 3 months, 13 years and 1 month and 17 years and 1 month suffered injuries. Admittedly, those three girls fall within the definition of term, "child" as per Sec. 2 (d) of the Goa Children's Act, 2003. It seems that it was an incident of trespass and assault on the family of the complainant by respondent Nos.1 to 9. The only question which arises for determination is as to whether after already framing charge against the res-pondent Nos.1 to 9 by the President of Children s Court under Ss. 143, 144, 448, 427, 323 read with Sec. 149, IPC and under Sec. 2 (m) (i) punishable under Sec. 8 (2) of the Goa Children s Act, 2003, the President of Children s Court was correct in dropping Sec. 2(m) (i) of the Goa Children s Act and then referring the matter back to the Sessions Court, North Goa, Panaji, for allotting the same to the learned Magistrate s Court having jurisdiction?

(3.) I have heard Shri Nigel Da Costa, learned counsel for the petitioner as well as Shri S.R.Rivankar, learned Public Prosecutor for respondent No.10 and Shri Manoj Naik, learned counsel for the respondent Nos.1 to 9.