JUDGMENT : J. Das, J. - This criminal revision arises out of the order dated 28-3-1989 passed by Sri D. Rama Rao, Second Additional Sessions Judge, Cuttack; in Sessions Trial No. 129 of 1988 rejecting the petition of the informant and Additional Public Prosecutor to enquiry into the allegations against Bhagabat Singh and Sridhar Satpathy as per the provisions of the Juvenile Justice Act, 1986. 2. Charge-sheet was submitted under Sections 302 and 120-B, I.P.C. read with Section 34, I.P.C. against accused Sridhar Satpathy, Bhagabat Singh and Kartik Chandra Sahu. The date of occurrence in 14-12-1987. Sridhar Satpathy has been shown to be aged 17 years, Bhagbat Singh is shown to be aged 17 years and Kartik Chandra Sahu is shown to be aged 15 years. Thus, I Kartik Chandra Sahoo is apparently a juvenile being alleged that he was less than 16 years of age. In the sessions Court Bhagabat Singh claimed that he was less than 16 years of age at the time of the occurrence. Similarly, the Court also assumed that Sridhar Satpathy may be a juvenile being below 16 years of age as it was so held in the order of bail. 3. A It appears that there are some objections to the trial from the very beginning and the learned Second. Additional Sessions Judge vide his order No. 19 dated 25-1-1989, thought it fit to proceed with the enquiry instead of the trial, Hence, no charge was framed in the case and the case was posted for enquiry. The particulars of the accusation were, however explained to the accused persons, witnesses were summoned and altogether eight witnesses have been examined in the case. Some other witnesses are yet to be examined. At this stage a prayer was made for holding full fledged trial against Sridhar and Bhagabat and this prayer was rejected and the Court directed that the enquiry would proceed. After this order was passed, the revision petition has been filed by the informant. 4. Juvenile Justice Act came into force on 2-10-1987 and hence at the time of the occurrence the Act had already come into force. 5. According to Section 2(h) "juvenile" means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years. 6. 4. Juvenile Justice Act came into force on 2-10-1987 and hence at the time of the occurrence the Act had already come into force. 5. According to Section 2(h) "juvenile" means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years. 6. After the Juvenile Justice Act came into force, any juvenile accused of a bailable or non-bailable offence will be subject to the jurisdiction of the competent authority and the enquiry in respect of the alleged act shall be according to the special procedure as laid down in the Act. No juvenile can be tried by an ordinary criminal Court in accordance with the ordinary procedure as laid down by the Code of Criminal Procedure. As per Section 124 of the Act, no juvenile shall be charged with or tried for any offence together with a person who is not a juvenile. 7. Section 32 of the Juvenile Justice Act is as follows: 32. Presumption and determination of age: (1) Where it appears to a competent authority that a person brought before it under any of the provisions of this Act (otherwise than for the purpose of giving evidence) is a juvenile the competent authority shall make due inquiry as to the age of that person, and for that purpose shall take such evidence as may be necessary and shall record a finding whether the person is a juvenile or not, stating his age as nearly as maybe. (2) No order of a competent, authority shall be deemed to have become invalid merely by any subsequent proof that the person in respect of whom the order has been made is not a juvenile, and the age recorded by the competent authority to be the age of the person, so brought before it shall for the purposes of this Act be deemed to be the true age of that person. According to Section 2(d) "competent authority" means, in relation to neglected juveniles, a Board and, in relation to delinquent juvenile, a juvenile Court and where no such Board or Juvenile Court has been constituted, includes any Court empowered under Sub-section (2) of Section 7 to exercise the powers conferred on a Board or Juvenile Court. 8. According to Section 2(d) "competent authority" means, in relation to neglected juveniles, a Board and, in relation to delinquent juvenile, a juvenile Court and where no such Board or Juvenile Court has been constituted, includes any Court empowered under Sub-section (2) of Section 7 to exercise the powers conferred on a Board or Juvenile Court. 8. Sub-section (2) of Section 7 reads as follows: (2) Where no Board or Juvenile Court has been constituted for any area, the powers conferred on the Board or the Juvenile, Court by or under this Act shall be exercised in that area, only be the following, namely: (a) the District Magistrate; or (b) the Sub-Divisional Magistrate ;or (c) any Metropolitan, Magistrate or Judicial Magistrate of the first class, as the case may be. No Board has yet been constituted and there is no juvenile Court according to the' submission at the Bar. In this case the powers of the Board or the Juvenile Court shall be exercised by the District Magistrate or the Sub-Divisional Magistrate or Judicial Magistrate of the first class. 9. As per Sub-section (3) of section 7: The powers conferred on the Board or Juvenile Court by or under this Act may also be exercised by the High Court and the Court of Session, when the proceeding comes before them in appeal revision or otherwise. 10. In this case the enquiry as to age of a juvenile can be made by the competent authority only and as per Section 2(d) "competent authority" in relation to delinquent juveniles means any Court empowered under Sub-section (2) of Section 7, where no Board or Juvenile Court has been constituted. In any case, competent authority does not include a Court of Session. It may also be pointed out that when a competent authority makes an enquiry as to age u/s 32 of the Act and on some other provisions, the person aggrieved may prefer appeal to the Court of Session except in certain cases in which appeal is barred under Sub-section (2) of Section 37. Thus, the Court of Session is a Court of appeal against the order of the competent authority recording the finding regarding the age of the juvenile. A Court of Session is, however, not a "competent authority" for the purpose of determining as to whether a person is a juvenile or not. 11. Thus, the Court of Session is a Court of appeal against the order of the competent authority recording the finding regarding the age of the juvenile. A Court of Session is, however, not a "competent authority" for the purpose of determining as to whether a person is a juvenile or not. 11. In the light of the provisions of law enumerated above, the proceeding before the learned Second Additional Sessions Judge and the enquiry into the allegations as per provisions, of Juvenile Justice Act on the assumption that the delinquent persons were Juveniles must be held to be vitiated. The Sessions Judge or the Additional Sessions Judge as the case may be is not a competent authority for the purpose of recording the, finding as to whether the delinquents are Juveniles or not. There has been no inquiry by the Second Additional Sessions Judge regarding the age of the delinquents in any case. Even though the Second Additional Sessions Judge has assumed the delinquents to be Juveniles (which assumption is not in accordance with the law and is proceeding with the inquiry, it is also not legal, as the inquiry is being held in the open Court. Sub-section (2) of Section 27 prohibits the inquiry being held in a building or room where the ordinary sittings of civil and criminal Courts are held and, has directed that the inquiry by the Juvenile Court in respect of Juvenile shall be held in a building or room different from that in which the ordinary sittings of the civil and criminal Courts are held; or on different days or at times different from these at which the ordinary sittings of such Courts are held. Thus, in any View of the matter the proceeding before the Second Additional Sessions Judge with regard to the delinquents must be held to be vitiated. 12. In the circumstances discussed above the proceedings before the learned Second Additional Sessions Judge are vitiated and the impugned order is also not legal and the same cannot be sustained. 13. Thus, in any View of the matter the proceeding before the Second Additional Sessions Judge with regard to the delinquents must be held to be vitiated. 12. In the circumstances discussed above the proceedings before the learned Second Additional Sessions Judge are vitiated and the impugned order is also not legal and the same cannot be sustained. 13. In the result, the revision petition is allowed and the impugned order is set aside and the proceedings before the learned Second Additional Sessions Judge taken so far are also set aside and it is directed that the learned Second Additional Sessions Judge shall send back the file to the S.D.J.M., Cuttack and direct the delinquent to appear before him on a particular date and thereafter the S.D.J.M., Cuttack shall hold the necessary inquiry u/s 32 of the Juvenile Justice Act and if all the delinquents are found to be Juveniles at the time of the alleged commission of the offence, then the S.D.J.M. shall proceed with the inquiry in relation to them as contemplated under law and if on the other hand some of the delinquents are found to be not Juveniles at the time of commission of the offence, then they will be committed to the Court of Session and they may be tried in accordance with law by the Court of Session and the remaining persons who are found to be Juveniles at the time of the commission of the offence shall be proceeded in accordance with the provisions as contemplated in the Juvenile Justice Act by the Juvenile Court. It is also directed that the S.D.J.M. shall make an inquiry as to whether any Board or Juvenile Court has been constituted in the meantime for the area in question and if such Board or Juvenile Court has been constituted for the area in question, then the case shall be referred to such Board or Juvenile Court. Revision allowed. Final Result : Allowed