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of <h1>Sessions Judge's Jurisdiction Prevails Over Magistrate for Trial under Haryana Children Act</h1> <h3>Rohtas Versus State of Haryana and Ors.</h3> Rohtas Versus State of Haryana and Ors. - 1979 AIR 1839, 1980 (1) SCR 151, 1979 (4) SCC 229 Issues:Jurisdiction of Sessions Judge under Haryana Children Act, 1974 vs. Code of Criminal Procedure, 1973Analysis:The case involved a conflict between the jurisdiction of the Sessions Judge under the Haryana Children Act, 1974 and the Code of Criminal Procedure, 1973. The appellant was being prosecuted under Section 302 of the Indian Penal Code for causing death. The Sessions Judge remitted the matter to the Committing Magistrate to determine if the appellant fell under the Haryana Act. The High Court accepted a revision petition, arguing that the Code of 1973 superseded the Haryana Act due to conflicts with State Acts and Article 254 of the Constitution.The Haryana Act, in force since 1-3-1974, provided a specific procedure for trying child offenders, repealing Section 29-B of the Code of 1898. The Code of 1973, effective from April 1, 1974, mandated that all offenses under the Indian Penal Code be dealt with according to its provisions. However, Section 5 of the Code of 1973 preserved the application of special or local laws in force, ensuring that the Haryana Act was not overridden by the Code.The Supreme Court held that the High Court erred in ruling that the Code of 1973 overruled the Haryana Act. Section 5 of the Code preserved the application of special or local laws, including the Haryana Act. The appellant should be tried by the Magistrate under the Haryana Act. The appeal was allowed, setting aside the High Court's judgment and restoring that of the Sessions Judge, with directions for expeditious trial by the Magistrate under the Haryana Act.
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