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1997 Supreme(MP) 532

S.S.JHA
RINKOO KHATRI – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
ARUN MISHRA, B.D.Jain

S. S. JHA, J.

( 1 ) THE petitioner has filed this revision against the order passed by the Sessions Judge, holding that the petitioner is not juvenile.

( 2 ) LEARNED counsel for the petitioner submitted that he moved an application before the Sessions Court that the petitioner on the date of offence was below the age of 16 years, therefore, he cannot be tried before the Sessions Judge, and prayed that his case be sent to Juvenile Court. This application was moved under the provisions of Section 386 of the Code of Criminal Procedure.

( 3 ) THE provision mentioned in the application is totally misconceived, as the provision of Section 386 of the Code of Criminal Procedure relates to the procedure in appeal.

( 4 ) LEARNED counsel for the petitioner submitted that once he has submitted the mark-sheet and other documents, the Magistrate trying the case has no jurisdiction but to remit the case to Juvenile Court for enquiry. Learned counsel for the petitioner submitted that the Sessions Judge has no power to hold the enquiry to determine the age of the petitioner. This power is only with the Juvenile Court. Learned counsel for the petitioner referred to the provision of Section 7 of Juven










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