Final Order 1

Order Details: Order
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1684/PS/2018
ORDER
1) The prosecution has filed an application for transfer of this
case to Children's Court. It is the submission of the prosecution
that the police have filed chargesheet U/Sec.3 and 4 of Child
Labour Act, 1986 r/w Sec.75 & 79 of Juvenile Justice (Care &
Protection) Act 2015. That as per amendment and as per
provisions of law said matter shall be tried by Hon'ble Children's
Court. Hence prayed to transfer this case to the Hon'ble Children's
Court.
2) I heard Ld APP at length. The Ld APP has argued that as per
Sec.86 of The Juvenile Justice (Care and Protection of Children)
Amendment Act, 2021, (in short “said Act”) the Children's Court is
having jurisdiction to try said case and therefore, said case be
committed to the Hon'ble Children's Court.
3) I perused Sec.86 of The Juvenile Justice (Care and Protection
of Children) Amendment Act, 2021 which shows that offences
under “said Act” shall be triable by the Children's Court. Sec.111
of said Act which says that “The Juvenile Justice (Care and
Protection of Children) Act, 2000 is hereby repealed and
notwithstanding such repeal, anything done or any action taken
under the said Acts shall be deemed to have been done or taken
under the corresponding provisions of this Act.
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4) I gone through one citation of Hari Ram Vs State of
Rajasthan reported in 2009(2) RCR (Criminal) 878, wherein it is
held that “The Juvenile Justice (Care and Protection of Children)
Act, 2000 has retrospective operation”.
5) As per Rule 12 of Juvenile Justice Rules, 2007 which gave
retrospective effect to the provisions of The Juvenile Justice (Care
and Protection of Children) Act, 2000. As per Sec.86 of The
Juvenile Justice (Care and Protection of Children) Amendment
Act, 2021, the offences under “said Act” shall be triable by
Children's Court.
6) In the present case, offences punishable U/Sec.75 & 79 of
The Juvenile Justice (Care and Protection of Children)
Amendment Act, 2021 are levelled against the accused. Sec.75 of
said Act is having punishment of imprisonment which may extend
to 3 years. Sec.79 of said Act is having punishment of
imprisonment with rigorous imprisonment which may extent to 5
years. By amendment Sec.86 of The Juvenile Justice (Care and
Protection of Children) Amendment Act, 2021 old provision of
Sec.86 of The Juvenile Justice (Care and Protection of Children)
Act, 2000 is now substituted.
7) As per Sec.2 sub clause 20 of said Act, “Children's Court”
means a Court established under the Commissions for Protection
of Child Rights Act, 2005 (4 of 2006) or a Special Court under the
Protection of Children from Sexual Offences Act, 2012 (32 of
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2012), wherever existing and where such Courts have not been
designated, the Court of Sessions having jurisdiction to try offences
under the Act.
8) Therefore, considering above discussion and the provision of
Sec.86 of The Juvenile Justice (Care and Protection of Children)
Amendment Act, 2021, I am of the view that this Court is not
having jurisdiction to try this case and therefore this case should
be committed to Hon'ble Children's Court (i.e. Hon'ble Sessions
Court). Hence I pass following order :
ORDER
1. The case against the accused is committed to the Children's
Court (Sessions Court) Dindoshi.
2. The accused is directed to remain present before the
Children's Court (Sessions Court) Dindoshi on 24.02.2023.
3. The record of the case, documents and articles which are
produced in the evidence, shall be sent to Children's Court
(Sessions Court) Dindoshi.
4. Police Station Officer, Vileparle police station is directed to
produce muddemal property if any alongwith list in the Children's
Court (Sessions Court) Dindoshi.
5. Ld APP shall be notified of the commitment of the case to
Children's Court (Sessions Court) Dindoshi.
Sd/
Dt. 12.01.2023 (C.P. Kashid)
Metropolitan Magistrate
65th Court, Andheri, Mumbai.
ask
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