P.D. KUDAL, J.—This reference has been made by the Senior Magistrate, Children Court, Kota.

2. The breif facts which have given rise to the present reference are that a challan was submitted against the accused Ram Kishan and Haboo under section 127 of the Railways Act. The learned Magistrate by his order dated 14.4.1979 submitted the case before the learned Sessions Judge, Kota, who transferred the same to the learned Addl. Sessions Judge, by his order dated 17.8.1979. Before this, by order dated 24.5.1976. the learned Sessions Judge transferred this case to the Court of the learned Addl. Sessions Judge, Kota, but later on, vide order dated 15.7.1976, this case was transferred to the Chief Judicial Magistrate, Kota as the accused were children. The learned Addl. Sessions Judge vide his order dated 22.9.1979, held that under section 27 of the Criminal Procedure Code only those offences are to be tried by him which are either punishable with imprisonment for life or with death sentence, and all other cases are to be tried by the Chief Judicial Magistrate dealing with the children cases. The offience under section 127 of Railways Act is punishable with imprisonment for life. The learned Magistrate while relying on section 14(3) of the Code of Criminal Procedure after the amendment of 1978 has made the reference. The learned Magistrate has opined that as the incident took place within the territorial jurisdiction of the Sessions Judge, Bharatpur, it should be tried before him. It has, however, been pointed out that the Children Act has not been made applicable to the District of Bharatpur and, if the case is tried by the learned Sessions Judge, Bharatpur then the accused would be deprived of the benefits of the provisions of the Children Act. The learned Magistrate has, therefore, prayed that a direction be issued whether the case should be tried by the Children Court at Kota, or this case be sent to the Sessions Judge, Bharatpur for disposal according to law.

3. On behalf of the State, it has been contended that on 15.3.1976, a case under section 127 of the Railways Act was registered at G.R.P. Police, Bharat-pur at the instance of Shri D. K. Sarkar a railway engine driver. It was contended that when the goods train, driven by the informant was coming from Bayana to Bharatpur and was at station Jaycholi, a stone was hurled at the cabin of the driver which damaged the glass panes, by which both the eyes of the driver were liable to be damaged but he was saved. The police after investigation challaned Ram Kishan and Habbu, who are admittedly below 16 years and are children as defined in the Rajasthan Children Act in the Court of Railway Magistrate, Kota who had jurisdiction for trying such railway offences for Bharatpur District also. The Court of the Railway Magistrate was created under section 11, Cr.P.C. It was further contended on behalf of the State that the Railway Magistrate committed the case to the Court of Sessions Judge for trial on 14.4.1976, as the offence under section 127 of the Railways Act was punishable with imprisonment for life or with ten years imprisonment. The learned Sessions Judge transferred the case to the Court of Addl. Sessions Judge on 24.4.1976 The learned Addl. Sessions Judge in trun sent the case for trial to the Children Court (CJM) on 15th July, 1976. The statements of four eye-witnesses were recorded by the Children Court. Thereafter, an objection was taken on behalf of the prosecution on the basis of which the case was sent back to the Sessions Court keeping in view the provisions of section 27 of the Code of Criminal Procedure. The learned Sessions Judge again transferred the case to the Addl. Sessions Judges Court for trial. As stated earlier, the learned Addl. Sessions Judge by his order dated 22.9.1979, sent the case back to the Children Court. The reference, as stated earlier, has thus been made by the Children Court.

4. It was further contended that Section 14 was amended by Act No. 45 of 19

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