The main legal point established in the judgment is that the Juvenile Court has exclusive jurisdiction to try cases involving juvenile offenders, as provided in Section 8(1) of the Mysore Children Act, 1964, and this prevails over the provisions of the Code of Criminal Procedure and other laws.

( 1 ) THESE four references have been made by the Sessions Judge, Gulbarga to quash the orders of commitment under Section 215 of the Code of Criminal Procedure in each of the cases, on the ground that the respondent or the respondents committed to his Court for trial have to be tried under the Mysore Children Act, 1964 and that the order of commitment in each of the cases in contrary to law. None of the respondents in any of the cases appeared after due notice. We therefore requested Mr. Malimath to appear as Amicus curiae.

( 2 ) THERE is no dispute that none of the respondents in these cases has attained the age of 16 years and is therefore a child as defined as Section 4 (1) (f) of the Mysore Children Act, 1964. The sole ground on which the learned Sessions Judge has sought for the quashing of the order of commitment in each case is that the respondent or respondents are wholly triable by a Juvenile court under the provisions of the Mysore Children Act, 1964 and that the order of commitment of the respondent or respondents is contrary to law.

( 3 ) MR. Ashrit the learned Government Pleader who has appeared on behalf of the State has supported the references and has sought to sustain them by placing reliance on the decision of this Court in Siddappa v. State of Mysore, 1965 (2) Mys, LJ 326, in which it has been laid down that Section 8 of the Mysore Children Act, 1964 confers on a Magistrate presiding over the juvenile Court exclusive jurisdiction to try a juvenile offender though charged with the offender of murder. Mr. Malimath has submitted that the provisions contained in Section 8 (1) of the mysore Children Act (hereinafter referred to as the Act) do not take away the power of enquiry into cases triable by the court of session conferred on a Magistrate of the First Class and other magistrates mentioned in Section 206 under Chapter XVIII of the Code of Criminal Procedure. The three children in Criminal Revision Case No. 22 of 1965 are charged, along with others, with the offence of murder punishable under Section 302 read with other Sections of the Indian penal Code; the child in Criminal Revision case No. 42 of 1965 is a girl who has not attained the age of 18 years and is a child under Section 4 (1) (f) of the Act. She has been charged, along with others, with an offence punishable under Section 307 (read with other Sections) punishable with imprisonment for life. The Magistrate has committed these accused under Section 207a of the code of Criminal Procedure.

( 4 ) NOW, we have to see whether the order of commitment passed in each of these cases is contrary to the provisions of Section 8 (1) of the Act and is therefore required to be quashed.

( 5 ) THE preamble to the Act indicates that a consolidates and amends the law for the trial of juvenile offenders in the State of Mysore and for certain other purposes specified therein. Chapter I to IV and certain other Chapters of the Act came into force in the whole State of mysore on April 9, 1964, 'juvenile Offender' is defined in Section 4 (1) (n) as meaning 'any child who has been found to have committed an offence'. We have already indicated that according to sec. 4 (1) of the Act 'child' means a boy who has not attained the age of eighteen years'. It is therefore clear that the respondents in all these cases are juvenile offenders.

( 6 ) THE Privy Council contained in Chapter II of the Act define the powers and functions of courts having jurisdiction under the Act. Section 7 (1) empowers the State Government to constitute by Notification one or more Juvenile Courts for any area specified in the notification, for the purposes of the Act. Such Court will be presided over by a Magistrate of the First Class who in the opinion of the State Government has special knowledge of the Child delinquency and child welfare.

( 7 ) SINCE Section 8 of the Act is decisive of the question at issue, we read the same at this stage.

" (8) Powers of Juvenile Courts and other