SULTANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Should a Juvenile Court consist of the Chief Judicial Magistrate alone or of a Bench consisting of judicial officers as envisaged by Section 5 of the Juvenile Justice Act, 1986 (hereinafter referred to as the 1986 Act) read with Notification No. D. 1976-2359/XXVI-II-88. This is the only question which is required to be determined in this petition preferred under Section 482 of the Code of Criminal Procedure, 1973.

(2.) Facts in brief be noticed.This petition has been preferred against an order dated 12th October, 1993. By this, a direction has been given by the Fourth Additional Sessions Judge, Gwalior, that the age of Sultansingh, the delinquent juvenile be determined by the juvenile Court.

(3.) The learned counsel appearing for the petitioner submits that the age of the delinquent juvenile has already been determined by the Chief Judicial Magistrate, Gwalior and an Order to this effect was passed on 23rd of November, 1993. It has been indicated that the date of birth of Sultansingh is first of July, 1987. The crime is said to have been committed on 8th of April, 1993, It is accordingly argued that there is no need to have a fresh exercise.