( 1. ) THE petitioner claiming to be a juvenile within the meaning of section 2 (h) of Juvenile Justice Act, 1986, by filing this petition under section 482, Criminal Procedure Code seeks invocation of inherent powers of this Court so as to quash his order of commitment under section 209, Criminal Procedure Code requiring him to stand trial for a charge under section 302, Indian Penal Code amongst other offences alleged to have been committed by him.

( 2. ) ON 29-11-1986, the State through Police Purani Chhaoni filed a challan against the petitioner and two others alleging that they have been guilty of committing murder on 4-9-1986. In the challan, the age of the petitioner is shown as 18 years. On the same day, the learned Magistrate formed an opinion that the offence was triable exclusively by the Court of Session and hence committed the case accordingly. It appears that the Muddemal was not produced by the police and because the same was required to be sent to the Court of Session, for a few days the papers remained lying in the Court of J. M. F. C. Gwalior and the accused were remanded to custody by the J. M. F. C, The papers reached the Court of Session on 17-9-1987. In between the accused were ordered to be released on bail. Incidentally, it may be mentioned that the Petitioners order of bail was not on the ground of age on the contrary para 3 of bail order dated 16-1-1987 passed in Bail Application No. 16/86 by the Fourth Additional Sessions Judge, Gwalior mentioned the petitioners age to be 18 years.

( 3. ) ON 29-1-1987, the petitioners counsel moved an application before the J. M. F. C. stating therein that the age of the petitioner accused was less than 16 years and hence the case against him ought to be sent to Juvenile Court.

On 24-8-1987, the. M. F. C. rejected the application saying that the accused stood committed to the Court of Session on 29-11-1986 and hence the application could not be considered by him.

( 4. ) THE petitioner preferred a revision to the Court of Session against the order dated29-11-1986 passed by the J. M. F. C. by order dated 2-7-1988, the Sessions Judge rejected the revision upholding the Judicial Magistrates reasoning.

( 5. ) BEFORE the Court of Session, the case was taken up for hearing on 10 occasions between 17-9-1987 and 4-7-1988 both days inclusive. Charges were framed on 27-4-1988. The trial was to commence on 4-7-1988, but could not so commence because the process writer did not issue summons to the witnesses. On 4-7-1988, in the presence of all the accused including the petitioner, the Sessions Judge reposted an application, which is dated 2-7-1988 was filed before the Sessions Court stating that on the date of the incident the petitioner was less than 16 years of age and the case was liable to be transferred to Juvenile Court. In the application, the petitioner also claimed an inquiry and expressed his willingness to tender documentary and other evidence as to his age. This application bears an endorsement in the hand of an official of the Court which reads "put up with the case on 4-7-1988. " Either this application was not a part of the record attracting attention of the presiding officer when the order-sheet was written or it was not pressed, is an inference to be drawn from the fact that the application does not find any mention in the order-sheet recording the Court proceedings held on 4-7-1988. This petition has been filed on 8-8-1988, it is accompanied by the certified copies of the orders dated 2-7-1988 passed by the Sessions Court in Criminal Revision No. 118/87, order dated 24-8-1987 passed by J. M. F. C. in Criminal Original Case No. 569/86, order dated 4-7-1988 by Sessions Court in S. T. No. 169/87 and the application dated 2-7-1988 before the Sessions Court all referred to hereinabove. The prayer made by the petitioner, as pressed at the hearing of this petition is not only that the case be directed into his age, but that committed of the case to the Court of Se