IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39943 of 2008 DHIRAJ PASWAN @ MASTAN … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Shivpujan Sahay For the State:Shri Dashrath Mehta, APP ----------- 4. 13.1.2009 Heard. The petitioner being a Juvenile accused, who has preferred this petition, seeks his release. If one could consider Section 5 of the Cr.P.C. it could be apparently fair to him that if any Special Enactment governing any Special class or section of accused, could be there which could be creating Special Forum or procedure then the procedure prescribed under the Cr. P.C. may not be applicable. The Juvenile Justice( Care And Protection of Children) Act, 2000, targets a special Section of offenders who are defined as juvenile in conflict with law of Section 2 (L) of the above noted Act. There are elaborate provisions on release of such accused from custody or holding an enquiry. Besides, all orders passed under the Act are appealable under Section 51 of the Act and that orders in appeal could be revised by 2 preferring a revision petition before this Court. This Court could not usurp the jurisdiction which is not vested in it. It is true that a couple of orders or so have been passed by some Benches of this Court. Might be that the Hon’ble Judges who were considering those prayers were not informed about the principle on bar of jurisdiction of any Criminal court by Section 5 of the Cr. P.C. and such orders could be passed in absence of appropriate information. I could not allow myself to fall in the same line of error as committed by other Benches. In the light of the above facts, this petition appears not maintainable. It is accordingly dismissed. The petitioner must file an appropriate petition before the authority or Juvenile Board whereafter the appropriate authority could be exercising its jurisdiction under the provision of Section 12 of the above noted Special Enactment. Kanth ( Dharnidhar Jha, J.)