AJAY PRATAP SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS application under section 482 of the Code of Criminal Procedure is directed against the order, framing charge, dated 25.8.2000 passed by Ilnd Additional Sessions Judge, Jagdalpur in Sessions Trial No. 312/2000. The learned Ilnd Additional Sessions Judge, Jagdalpur, by order dated 10.7.2000, on the basis of the medical report, held that the applicant is more than 16 (sixteen) years of age and, therefore, he is not a juvenile within the meaning of section

(2.) (h) of the Juvenile Justice Act, 1986 (henceforth 'the Act'). 2. The Act came into force on 3.12.1986 and was made for care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to, and disposition of, delinquent juveniles by a special Court known as Juvenile Court constituted under section 5 of the Act. So far as a male person is concerned, a person will be deemed to be a juvenile if he has not attained the age of commission of crime.

(3.) IT does not appear from the order dated 10.7.2000 or any order before framing charge against the applicant that such enquiry was made by the Court of Session. Merely because some material was placed in the shape of medical opinion before the learned Ilnd Additional Sessions Judge, Jagdalpur, it cannot be inferred that an enquiry within the meaning of section 32( 1) of the Act was taken -up by the Court of Session. The learned Ilnd Additional Sessions Judge appears to have framed the charge against the applicant without recording a finding in accordance with section 32(1) of the Act if the applicant is juvenile or not.