GH MOHI-UD-DIN Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner, a child, within the meaning of Jammu and Kashmir Children (Court) Act: 1970, seeks the quashing of order of commitment passed by the Chief Judicial Magistrate Srinagar, on 15th of June, 1979.

(2.) A challan against the petitioner under Sec. 307 R. P. C. was presented before the Chief Judicial Magistrate on 8 -2 -1975. A separate challan against his co -accused Abdul Majid was also presented in respect of the same offence before the Chief Judicial Magistrate, Srinagar, on the same date. The learned Chief Judicial Magistrate even after noticing that the petitioner was below 16 years of age, proceeded to commit him to stand trial for the offence before the court of Sessions at Srinagar vide the impugned order.

(3.) MR . Zaffar Qureshi, learned counsel for the petitioner, has argued that in view of the mandatory provisions of Sec 20 and 24 (2) of the Jammu and Kashmir Children Act, 1970, the petitioner could not have been committed to stand his trial in the court of Sessions and that the only court competent to hold an enquiry into the challan made against the petitioner was the court of Chief Judicial Magistrate. It is argued that making the impugned order the learned Chief Judicial Magistrate has ignored the provision of the Jammu and Kashmir Children Act, 1970 which is a piece of special legislation designed to provide care, protection, maintenance, rehabilitation and trial of delinquent children. The learned Addl. Advocate General appearing for the State concedes that the petitioner being a child within the meaning of Sec. 2 (d) of the J & K children Act, could not have been committed to stand his trial in the court of Sessions and that the proceedings against him should have been taken before the proper forum. Section 20 of the Children Act, 1970, provides: