JUDGMENT :

(Abhay S. Oka, J.)

Leave granted.

2. Heard the learned counsel appearing for the parties.

3. The only issue involved in this appeal is regarding non-compliance with the requirement of clause (i) of sub section 1 of Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short "JJ Act")by the Children’s Court.

4. For the sake of completion, a brief reference to relevant factual aspects will be necessary. A First Information Report was registered against the accused persons including the present appellant alleging the commission of offences punishable under Sections 302, 307, 147, 148, 149, 395 and 397 of the Indian Penal Code (IPC), 11/13 of the Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam,1981 (MPDVPK Act) and Section 25 and 27 of Arms Act,1959. The Charge sheet was filed on 12th September 2016. On the basis of an order passed under sub-section (3) of Section 18 of the JJ Act, the Juvenile Justice Board transferred the case to the jurisdictional Children’s Court. An application was made by the appellant before the Children's Court (a Special Court constituted for trials of offences under the MPDVPK Act) seeking compliance with the requirements of Sub section 1 of Section 19 read with Sections 6 and 15 of the JJ Act. Reliance was also placed in the said application on the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 (for short, "JJ Model Rules").

5. The Trial Court rejected the application. In fact, the Trial Court directed that the trial shall proceed further. Being aggrieved by the order of the Trial Court, the appellant invoked the powers of the High Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr. P.C). The High Court rejected the petition. The High Court noted that the charges have been framed against the appellant by the Children's Court. The High Court held that only after complying with the requirement of making the assessment under Section 15 of the JJ Act, an order was passed under sub-section (3) of Section 18 of the JJ Act. The High Court also noted the antecedents of the appellant and the fact that the present age of the appellant was 24 years. Moreover, the High Court held that the Special Court constituted for the trials of the offences under the MPDVPK Act is also a children's Court.

6. We may refer to section 15(1) of the JJ Act which reads thus:

"15.Preliminary assessment into heinous offences by Board. -(1) In case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence, and may pass an order in accordance with the provisions of sub section (3) of section 18:

Provided that for such as assessment, the Board may take the assistance of experienced psychologists or psycho-social workers or other experts.

Explanation. - For the purposes of this section, it is clarified that preliminary assessment is not a trial, but is to assess the capacity of such child to commit and understand the consequences of the alleged offence." (Emphasis added)

7. What is required to be done by the Juvenile Justice Board is holding an inquiry for making a preliminary assessment with regard to the mental and physical capacity of the juvenile in conflict with law to commit such offence, ability to understand the consequences of the offence and circumstances in which the juvenile has allegedly committed the offence. Based on the preliminary assessment, sub-section 3 of Section 18 empowers the Juvenile Justice Board to pass an order for transferring the trial of the case to the Children's Court which has jurisdiction to try such offences. Thus, the order of transfer is based on only a preliminary assessment.

8. Section 19 of JJ Act reads thus:-

"19. Power