- (1.) Leave granted.
(2.) We notice that large number of cases are being brought before this Court against orders passed by the criminal courts, on the claim of juvenility under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the J. J. Act') read with Rule 12 of The Juvenile Justice (Care and Protection of Children) Rules, 2007 (for short 'the 2007 Rules'), primarily for the reason that many of the criminal courts are not properly appraised of the scope of enquiry contemplated under those statutory provisions. We find it appropriate in this case to examine the nature of inquiry contemplated under Section 7A of the J. J. Act read with Rule 12 of the 2007 Rules, for future guidance and application by the Courts, Boards and the Committees functioning under the J. J. Act and Rules.
(3.) Before considering the above question and other related issues, we may examine, what transpired in the case on hand. Appellant Ashwani Kumar Saxena and two others, namely, Jitender and Ashish were charge-sheeted for the offences punishable under Section 302 of the Indian Penal Code (for short 'the IPC') read with Section 27 of Arms Act and Section 302 IPC read with Section 34 of the IPC, respectively, for an offence committed on 19.10.2008 at 12.30 am in front of Krishna Restaurant, Chhatarpur which resulted in the death of one Harbal Yadav for which Sessions Case No. 28/09 was pending before the First Additional Sessions Judge, Chhatarpur, Madhya Pradesh (M. P. ). On 11.11.2008 the appellant filed an application before Chief Judicial Magistrate (CJM) Court, Chhatarpur under Sections 6 and 7 of the J. J. Act claiming that he was juvenile on the date of the incident and hence, the criminal court had no jurisdiction to entertain this case and the case be referred to Juvenile Justice Board and he be granted bail. ;