DHANNA @ KARIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision petition is directed against the order passed by Second Additional Sessions Judge, Guna, in S.T.B. 180/94, thereby the Court alter holding an enquiry into the age of the applicant held him not to be a juvenile, being of more than 16 years of age on the date of occurrence for which the offence was registered by the Police under Section 302/34 of IPC.

(2.) SENIOR Counsel Shri J. P. Gupta, appearing for the petitioner contended that the Juvenile Justice Act, 1986 for short the 'Act') being a special legislation enacted to deal with the matters of juveniles, the Additional Sessions Judge not being empowered under the Act to hold any enquiry could not have held the enquiry into the age of the petitioner, as it is the exclusive jurisdiction of the Juvenile Court under the Act. Therefore, any enquiry held by the Sessions Judge or Additional Sessions Judge would be vitiated under the law.

(3.) THEREAFTER , the applicant moved an application before the learned CJM Guna, invoking the provision of Section 32 of the Act. The learned CJM, found that since the petitioner has been held to be of more than 16 years of age at the time of alleged commission of offence, after the due enquiry by the Sessions Court on the objection of the petitioner at the time of the consideration of his bail application, there remained no occasion to make any enquiry.