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This petition is filed seeking quashing of the proceedings pending against the petitioner before the Juvenile Court, Haveri in J.C. No.24/2021.

2. Petitioner is alleged to have committed offences under Sections 363, 366 and 376(2)(n) of IPC and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, (POCSO Act, for short) against a minor victim girl aged about 14 years 8 months. Initially charge sheet was filed before the I Additional District and Sessions Judge, Haveri and later, in view of the notification issued by the High Court, the matter was transferred to FTSC-I, Haveri (Special Court for trial of cases filed under POCSO Act). As it was found that as on the date of the commission of the offence i.e.,15-16.11.2020, the accused was below 18 years, the learned Judge opined that the said Court has no jurisdiction to entertain the matter and therefore the entire records were transferred to Juvenile Justice Board, Haveri to proceed in accordance with law and the matter is pending on the file of Juvenile Justice Board, Haveri, in JC No.24/2021.

4. It is not in dispute that initially the charge sheet was filed against the petitioner before the Court of I Additional District and Sessions Judge, Haveri and the petitioner was remanded to judicial custody. He filed an application under Section 227 of Cr.P.C seeking discharge. At the same time it was argued that his date of birth is 20.03.2003 and therefore, he was aged about 17 years 7 months and 26 days as on the date of alleged incident and he was a minor and hence the Court has no jurisdiction to try the offence alleged against him. The learned Sessions Judge by an order dated 27.10.2021 prima facie found that the petitioner was a minor aged below 18 years and therefore opined that it has no jurisdiction to entertain the matter. It was observed that due to the fault of investigation officer, the age of the juvenile in conflict with law was shown as 18 years as on the date of the alleged incident. Therefore, observing that it is for the Juvenile Justice Board, Haveri to consider and to proceed with the matter, the entire records were transferred to Juvenile Justice Board, Haveri to proceed in accordance with law.

5. Pursuant to the order passed by the learned Additional District and Sessions Court, FTSC-I, Haveri, the matter was placed before the Juvenile Justice Board, Haveri. The order sheet would reveal that an application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (The Act, 2015 for short) was filed seeking release of the child in conflict with law. The petitioner was enlarged on bail by an order dated 16.12.2021 on certain conditions. Further, the Court secured the Probation Officer Report regarding the CCL and the Social Investigation Report, before passing the order. Further the order sheet would also reveal that an order was passed under Section 15 of the Act, 2015.