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2023 Supreme(SC) 1157

ABHAY S. OKA, PANKAJ MITHAL
Ajeet Gurjar – Appellant
Versus
State Of Madhya Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sankalp Sharma, Adv. Mr. Nishant Verma, AOR Mr. Ashish Mukhi, Adv. Ms. Shruti, Adv. Ms. Shisba Chawla, Adv. Mr. Vinay Chadda, Adv.
For the Respondent(s): Mr. Veer Vikrant, D.A.G. Mr. Yashraj Singh Bundela, AOR Mr. Jitendra Tripathi, Adv. Mr. Pawan, Adv. Ms. Jyoti Verma, Adv.

JUDGMENT :

(Abhay S. Oka, J.)

Leave granted.

2. Heard the learned counsel appearing for the parties.

3. The only issue involved in this appeal is regarding non-compliance with the requirement of clause (i) of sub section 1 of Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short "JJ Act")by the Children’s Court.

4. For the sake of completion, a brief reference to relevant factual aspects will be necessary. A First Information Report was registered against the accused persons including the present appellant alleging the commission of offences punishable under Sections 302, 307, 147, 148, 149, 395 and 397 of the Indian Penal Code (IPC), 11/13 of the Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam,1981 (MPDVPK Act) and Section 25 and 27 of Arms Act,1959. The Charge sheet was filed on 12th September 2016. On the basis of an order passed under sub-section (3) of Section 18 of the JJ Act, the Juvenile Justice Board transferred the case to the jurisdictional Children’s Court. An application was made by the appellant before the Children's Court (a Special Court constituted for trials of offences under the MPDVPK Act) seeking compliance with

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