LJAZ AHMED Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner, who amongst others, has been put to trial on the charges under Ss. 147,148 and302/149 IPC, is aggrieved by the order dated 12.10.2000, passed by the Sessions Court below over ruling petitioner's objection that he being a juvenile offender below 16 years of age (on the date of incident) he ought to be dealt with under the Juvenile Justice Act, 1986.

(2.) FROM the impugned order.it appears that on objection being raised by the petitioner, the Sessions Court below instead of himself holding any enquiry into the question of age of the petitioner, directed the CJM Shajapur to make enquiry in the matter. The CJM in his report held that the petitioner accused was more than 16 years of age on the date of the commission of the offence. The learned Sessions Judge accepted the report of the CJM and over ruled the objection raised by the petitioner..

(3.) IN the instant case the petitioner accused was never produced before Juvenile Court or any other authority under that Act. There was, thus, no occasion for any such authority to hold enquiry under section 32 of the Act. Under the circumstance it was for the Sessions Court itself to have held enquiry and record a finding whether the petitioner is a juvenile or not. Section 32 in its term, does not contemplate delegation of this power to any subordinate Court or authority.