Gopal Krishan Vyas, J.-By way of filing the present petition under Section 482, CrPC the petitioner has prayed for quashing order dated 012.2004 passed by Addl. Sessions Judge (Fast Track) No. 1, Jodhpur in Criminal Regular Case No. 80/2004.

2.Facts of the case indicate that an FIR was registered against Manohar Lal, son of the present petitioner Jawari Lal for offence under Sections 376 and 323, IPC at Police Staton Bilara. It is contended by learned Counsel for the petitioner at the time of occurrence the accused was only about 17 years of age and, therefore, under the definition given in the Juvenile Justice (Care & Protection of Children) Act, 2000 (in short, the Act hereinafter), male child means a male child who has not completed the age of 18 years and as such the trial is required to be conducted before the Juvenile Board; but, the police, after investigation, have filed challan against Manohar Lal, son of petitioner, before the A.C.J.M., Bilara and the learned Magistrate before whom challan has been filed committed the case for trial before the Sessions Judge, Jodhpur. The case was thereafter transferred for trial to the Addl. Sessions Judge (Fast Track) No. 1, Jo