ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure.

2. The prayer in this petition is to set aside Annexure A3 order in CMP No.16060/2023 in C.P.No.94/2023 in Crime No.1766/2018 on the files of the Judicial First Class Magistrate Court-I, Nedumangad.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. As per order dated 07.02.2024, the learned Magistrate proceeded to commit the case to Sessions Court and dismissed CMP No.16060/2023, holding that this is a case to be tried by the Children's Court/Sessions Court. In paragraph Nos. 6, 7 and 8 the learned Magistrate extracted the legal position and held in paragraph No.9 that in the light of 86(4) of the Juvenile Justice (Care and Protection of Children) Act (hereinafter referred to as 'JJ Act' for short), the learned Magistrate has no jurisdiction and the case has to go for trial before the Children's Court.

5. In this matter, the point argued by the learned counsel for the petitioner is that this crime was registered for an occurrence on 04.12.2018. During the time of occurrence, Section 86(4) of the JJ Act, a new provision introduced as per the ame