- (1.) K. L. Sharma, J. This is a criminal revision directed against the judgment and order dated 3-12-1994 passed by the Chief Judicial Magistrate, Juvenile Court, Meerut Region, Meerut in crime Case No. 563 of 1993 under Section 302, I. P. C. and S. T. No. 309 of 1994 whereby the learned C. J. M. has directed a fresh inquiry for determination of age of the revisionist, who is in jail.
(2.) I have heard Sri Ram Niwas Sharma learned counsel for revisionist as well as the learned A. G. A. and perused the material brought on record. The learned counsel for revisionist has raised a legal question whether the learned C. J. M. has the jurisdiction to determine afresh the age of the accused who has been declared juvenile on Inquiry in the Sessions Trial by the Sessions Judge who has separated his case and referred it to the Juvenile Court for further action in accordance with Juvenile Justice Act, 1986. The learned A. G. A. has submitted in reply that it is only the uvenile Court which has got jurisdiction under Section 32 of the Juvenile Justice Act, 1986 to make due inquiry as to the age of the accused and then record a finding stating his age whether the person concerned is a juvenile or not. He has further submitted that the learned Sessions Judge only recorded an opinion and does not have the power under the Juvenile Justice Act, 1986 to determine the age of the person for recording a finding that he is a juvenile.
(3.) IN order to examine the powers of the Juvenile Courts and of the superior courts under the Juvenile Justice Act, 1986 (hereinafter to be referred as the Act ). It is necessary to refer to and reproduce the relevant provisions of the Act. The Act deals with neglected juveniles and delin quent juveniles with a view to advance the welfare of the neglected juveniles and to do justice with the delinquent juveniles for their rehabilitation in the society. By Section 2 (h), the Act defines a juvenile "a boy, who is not attained the age of sixteen years or a girl who has not attained the age of eighteen years". The scheme of the Act is that the State Government may constitute by notification for specified area one or more Juvenile Welfare Boards for exercising the powers and discharging the duties conferred or imposed on such Board in relation to neglected juveniles under this Act : Section 4 (2) "a Board shall consist of a Chairman and such other members as the State Government thinks fit to appoint, of whom not less than one shall be a woman, and every such member shall be vested with the powers of a Magistrate under the Code of Criminal Procedure, 1973 (2 of 1974)". Section 4 (3) "the Board shall function as a Bench of Magistrates and shall have the powers conferred by Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be a Judicial Magistrate of the first class". To deal with delinquent juveniles the State Government under Sec tion 5 of the Act may by notification constitute for any specified area one or more juvenile court for exorcising the powers and discharging the duties conferred or imposed on such courts in relation to a delinquent juvenile under this Act : Section 5 (2) "juvenile Court shall consist of such number of Metro politan Magistrates or Judicial Magistrates of the first class, as the case may be, forming a Bench as the State Government thinks fit to appoint, of whom one shall be designated as the Principal Magistrate ; and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metro politan Magistrate or, as the case may be a Judicial Magistrate of the first class. " Section 5 (3) "every Juvenile Court shall be assisted by panel of two honorary social workers possessing such qualifications as may be prescribed, of whom at least one shall be a woman, and such panel shall be appointed by the State Government ";