STATE Vs. STATE OF M P

JUDGEMENT

(1.) Sessions Judge, Burhanpur acting under section 395(2) of the Code of Criminal Procedure, 1973 (for short the 'Code') has made this reference seeking guidance in respect of cases relating to the offences against children in view of the Government of Madhya Pradesh Gazette Notification No. FA 17(E)/38/2010/21-B(One) dated 7 th January, 2011 made in exercise of its power conferred under section 25 of the Commission for Protection of Child Right Act, 2005 ( for short the 'Act') observing that the 'Act' is silent on various important points relating to the trial of offences against child as well as the matters relating to violation of child rights, and a lot of confusion has been created as to what cases should be tried by the Children's Court and what exact procedure should be adopted in this respect.

(2.) We have gone through the questions raised by learned Sessions Judge in the reference. In our opinion, this reference can be disposed of in terms of order dated 7.8.2012 passed by this Court in Criminal Reference No.1/2012 which was made by Sessions Judge, East-Nimar, Khandwa.

(3.) For the reasons stated in the aforesaid order, we answer the questions referred to us as follows:-