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1997 Supreme(Raj) 1503

MOHD.YAMIN
Munni Ram S/o. Arjun Ram – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - Heard.

2. Learned Public Prosecutor is directed to accept the notice on behalf of State. He accepts it.

3. By the impugned order the learned Principal Magistrate of the Juvenile Justice Court, Ajmer without holding any inquiry under section 20 of the Juvenile Justice Act, 1986 (here-in-after referred to "the Act") held that the petitioner was in between the age of 17 to 18 years and returned the application of the uncle of the petitioner to be presented before the competent Court. Learned counsel for the petitioner submitted that challan was presented before the Addl. Chief Judicial Magistrate, Deedwana and since the offence is under section 376, IPC and Section 3 of the SC/ST (Prevention of Atrocities) Act the case was committed to the learned Special Judge (SC/ST cases), Merta City before whom the case is pending. Learned counsel for the petitioner has drawn my attention to the judgment of this Court in Abhinandan v. State of Raj., 1989 WLN (UC) page 31 in which it was held that when the accused was 15 to 17 years old, when charge-sheet was submitted, the regular Court had no jurisdiction to take cognizance as the case of the accused-petitioner was covered for being




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