Lalji Yadav alias Lalit Kumar (in Jail) vs State of U.P.

B.K. Rathi, J.—The applicant is accused in Crime No. 141 of 2002 for offences under Sections 8/18/21, N.D.P.S. Act, P.S. Gurubux Gunj, district Rae Bareilly. He applied for bail before the Juvenile Judge/Ist A.C.J.M., Rae Bareilly, which has been rejected by order dated 1.8.2002. Against that order the applicant preferred Criminal Appeal No. 62 of 2002 u/s 37 of Juvenile Justice Act, 1986. This appeal has been rejected by the Sessions Judge, Rae Bareilly by order dated 20.8.2002. Against that order, the present revision has been preferred.

I have heard Sri A. K. Pandey, learned Counsel for the applicant and the learned A.G.A.

The old Juvenile Justice Act, 1986, has been repealed since 1.4.2001 which contained the provisions for appointment of Juvenile Judge and with the repeal of the old Act, the appointments of Juvenile Judge under that Act had automatically ceased as in the new Act there is no Court of Juvenile Judge. On the other hand, u/s 4, there is provision for constitution of Juvenile Justice Board.

Therefore, even with the help of the provision of Section 20 of the General Clauses Act, in the absence of the constitution of the Board, the Juvenile Judge appointed under the old Act cannot exercise powers of the Juvenile Justice Board after the enforcement of the new Act in which there is no Court of Juvenile Judge.

Therefore, Ist A.C.J.M., Rae Bareilly has no jurisdiction to dispose of the application as Juvenile Judge. Call for his explanation as to who has appointed him as Juvenile Judge and under what provisions he has exercised the powers as Juvenile Judge after 1.4.2001. The explanation shall be called within three weeks and shall be placed before the Court.

The applicant alleged himself to be minor, therefore, he may move an application for bail under the proviso of Section 437, Cr. P.C. before the Magistrate concerned who will dispose it expeditiously and in case it is rejected, he may move bail application before the Sessions Judge/ High Court u/s 439, Cr. P.C. No Board as provided by Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2000, has yet been constituted. Therefore, the application for bail can be entertained and decided only under the provisions of the Cr. P.C. as provided by Clause (1) of Section 4, Cr. P.C. which is as follows:

(1) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.

This criminal revision is accordingly disposed of in accordance with the above observations.

Copy of the judgment may be forwarded to the Registrar, Lucknow Bench, Lucknow, for calling explanation of the Ist A.C.J.M., Rae Bareilly as mentioned in the body of the judgment.