ORDER :

Learned Sessions Judge, Burhanpur has referred the matter with a view to be considered in suo motu revision and be directed accordingly.

2. The facts of the case are that a Criminal Case No. 2145/2011 (State of Madhya Pradesh vs. Jitendra) arising out of FIR 198/2012 Police Station Nepanagar, Distt. Burhanpur under sections 354, 342, 377 of Indian Penal Code was registered in the Court of Judicial Magistrate First Class, Burhanpur. Learned Judicial Magistrate First Class vide order dated 16-7-2011 committed the case to the Court of Sessions which was registered as Sessions Trial No. 32/2011. The then learned Sessions Judge, Burhanpur made over the case to the First Additional Sessions Judge, Burhanpur. The trial commenced in that Court and the case was fixed for final arguments on 1-2-2012 and then for judgment on 6-2-2012. On the date of judgment i.e. 6-2-2012, learned I Additional Sessions Judge was of the opinion that the case is triable by Special Court (Designated) established under “Commission for Protection of Child Rights Act, 2005” and returned back the case to the Sessions Judge for further proceeding observing that the learned Sessions Judge, being the designated C