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1999 Supreme(Mad) 2409

AHMED ALI KHAN, A.R.SOMNATH IYER
Siddappa Gangappa Mantur – Appellant
Versus
The State of Mysore – Respondent


Advocates:
P.L. Patil, for Petitioner.
B.K. Ramachandra Rao, High Court Government Pleader, for Respondent.

Somnath Iyer, J.-

The challenge in this revision petition is to an order for committal made by the Magistrate of Juvenile Court at Dharwar, directing the petitioner before us to take his trial before the Court of Session. The charge against the petitioner is that he committed an offence of murder on 24th April, 1964. There was a similar charge against some others, but since the petitioner was a child as defined by section 4(1)(f)of the Mysore Children Act, 1964, which came into force on 19th March, 1964, the prosecution against the petitioner was proceeded with in the Juvenile Court established under the Childrens Act, 1964, while the proceedings against the others continued before the Court constituted under Che Code of Criminal Procedure. Since the same Magistrate presided over both the Courts, what happened in reality was, that there was a bifurcation of the proceedings. Those concerning the petitioner were disposed of by him as the Magistrate presiding over the Juvenile Court, and, in respect of the others, the order of committal was made in his capacity as the Magistrate presiding over the ordinary Court.

Mr. P.L. Patil for the petitioner calls in question the order of committal





































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