The central legal point established in the judgment is the jurisdiction of the Sessions Judge under the Juvenile Justice (Care and Protection of Children) Act, 2015, and the maintainability of the petition under Section 102 of the Act.

S. Serto, J.

Heard Mr. Robert Laltlana, learned counsel appearing for the petitioners and also heard Mr. Lalchhanliana Khiangte, learned counsel appearing for the sole respondent.

2. This is a criminal revision petition filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 directed against the Order dated 22.05.2018 of the Court of Session Judge, Aizawl Judicial District passed in Criminal Misc. Application No. 137/2018, arising out of Criminal Appeal No. 4/2018 pending in the same Court.

3. The facts leading to the filing of this petition as submitted by the learned counsel of the petitioners briefly stated are as follows:-

Being aggrieved by the order issued by the Chairman, Child Welfare Committee, Aizawl District dated 19.12.2017, the petitioner preferred an appeal, however, since the time limit as provided for the appeal had already expired he filed an application before the Special Court, which is the District & Sessions Judge, Aizawl for condonation of the delay and the same was registered as Criminal Misc. Application No. 137/2018.

4. On 22.05.2018, the learned Sessions Judge, Aizawl Judicial District passed the impugned order in which the Child Welfare Committee was requested to expedite the reassessment so that the same is completed within 2 (two) weeks and to send a report to the Court. Aggrieved by the impugned order, the petitioner has come before this Court challenging the same on two grounds:-

(i) That the Sessions Judge, Aizawl District has no jurisdiction to pass any order under Juvenile Justice (Care and Protection of Children) Act, 2015 while there is a Special Court specially designated under the Act. The learned counsel in support of his submission submitted a Notification dated 27.06.2014, whereby District & Sessions Judge, Aizawl is designated as Special Court under Section 88 Clause 1 of Protection of Children from Sexual Offences Act, 2012 (in short, POCSO Act). The learned counsel also referred to Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and sub-section 20 of Section 2 of the same Act.

(ii) Secondly, the petitioner have challenged the impugned order on the ground that the prayer of the petitioner in Criminal Misc. Application No. 137/2018 was basically for condonation of delay for filing an appeal but the learned Sessions Judge passed the impugned order on the merit of the appeal which could not have been taken up as yet.

5. Mr. Lalchhanliana Khiangte, learned counsel appearing for the sole respondent submits that the learned Sessions Judge, Aizawl is the same person designated as Special Judge under the POCSO Act, 2012, it is by a mistake that in the cause title of the impugned order instead of typing 'Special Judge', the word 'Session Judge' have been typed, therefore, it makes no difference. The learned counsel also submitted that if the petitioner is aggrieved at all by the impugned order, he should have come before this Court on appeal as per provision of Section 101 Clause 5 of Juvenile Justice (Care and Protection of Children) Act, 2015 r/w Section 401 Sub-section 4 of CrPC. After having referred to the said provision of law, Mr. Lalchhanliana Khiangte, learned counsel submitted that the instant petition is barred by the provision of law as given therein.

6. On perusal of the Order dated 03.04.2018 of the Court of Addl. District & Sessions Judge, Aizawl passed in Criminal Misc. Application No. 137/2018, it is clear that the application of the petitioner was for condonation of delay. However, on perusal of the Order dated 22.05.2018 (impugned order) which was also passed in the same case, it appears that the learned Sessions Judge has gone beyond the scope and purpose of the application. To appreciate better the two Orders i.e. the Order dated 03.04.2018 and the impugned Order dated 22.05.2018 passed in the Criminal Misc. Application No. 137/2018, are given herein below one after the other:-

"IN THE COURT OF ADDL. DISTR