INDER SINGH MATAPRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(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 Petitioner's 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 petitioner's age to be 18 years.

(3.) ON 29-1-1987, the petitioner's 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.