Judgment · High Court

Heard Mr. D.K. Bagchi, learned counsel for the petitioner and Mr. B.J. Ghosh, le arned State counsel appearing for the respondent. This revision petition is directed against the order dated 18th June, 2013 passe d by the learned District Jude, Morigaon in Misc. (J) Case No.5/2013, rejecting the application filed under Section 41 of the Juvenile Justice (Care & Protectio n of Children) Act, 2000, by holding that the learned District Judge has no juri sdiction to entertain the said application and the jurisdiction to entertain the same is vested on the Juvenile Justice Board. It appears from Section 41 of the 2000 Act that the earlier provision empowering the Board to give the children in adoption has been amended vide Juvenile Justi ce (Care & Protection of Children) Amendment Act, 2006, which came into effect f rom 22nd August, 2006. After the amendment, the power to pass necessary order r elating to adoption vested on Court instead of the Board. In view of the above, the impugned order dated 18th June, 2013 passed by the lea rned District Judge, Morigaon in Misc. (J) Case No.5/2013 is set aside. Since t he said proceeding has already been disposed of, it is open to the petitioner to file appropriate fresh application before the competent Court, under Section 41 of the 2000 Act. In case such application is filed, the same shall be consider ed and disposed of in accordance with law. The revision petition is accordingly disposed of. No costs.