As according to Section 74 of the Juvenile Justice Care and Protection Act of 2015 , the name of the accused has not been disclosed.
The order was Given by Justice Ashwani Kumar Singh of the Patna High Court.
“X”, a juvenile was accused in a police case , popularly referred to as “Kasim Bazaar Case”.
X had applied for Bail before the Juvenile Justice Board which was rejected, the juvenile appealed against the order to the Sessions Court, which in turn was rejected too.
Then a review petition was filed before the High court.
The matter of jurisdiction of the Sessions Court came up.
Justice Ashwani Kumar Singh stated:
“Since the Court of 1st Additional District and Session Judge in each of the session division has been designated as Special Court under the Child Rights Act, 2005 and such courts are existing and such courts are also deemed to be Special Court under the proviso to Section 28(1) of the POCSO Act, in terms of the definition of the Children’s Court, as provided under Section 2(20) of the Act of 2015, only the court of 1st Additional District and Session Judge in each of the session division is treated to be the Children’s Court. The Court of Session could have derived the jurisdiction of Children’s Court under the Act of 2015 only in absence of a court established under the Commissions for Protection of Child Rights Act, 2005 or a Special Court under the POCSO Act.”
Thus stating that Sessions Court did not have the jurisdiction to hear appeals from the Juvenile Justice Board.