Point of Law: If the Children Court decides that there is no need for the trial of the child as an adult under Sec. 19(1)(iii) of the Act may conduct an inquiry as a Board and pass appropriate orders in accordance with the provision of Sec. 18 read with Rule 13(7) of Juvenile Justice Rules, 2016

JUDGMENT :

V.P. Patel, J.

1. This Criminal Revision Application is filed by the applicant-Child in Conflict with Law (for short "C.C.L.") under Sec. 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (hereinafter referred to as "the Act, 2015") and Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C") being aggrieved and dissatisfied with the order 10-8-2017 passed by the learned Principal Magistrate, Juvenile Justice Board (for short "learned P.M. J.J.B."), Palanpur in the proceedings of J.C.C. No. 51 of 2016 and the order dated 4-2-2019 passed by the learned 3rd Additional District and Sessions Judge, Deesa, District Banaskantha in Special (P.O.C.S.O.) Case No. 27 of 2017.

2. Heard learned Advocate Mr. Tirth N. Bhatt for applicant-C.C.L. and learned Public Prosecutor Mr. Mitesh R. Amin with learned A.P.P. Mr. K.L. Pandya for the respondent-State of Gujarat.

3. The applicant has challenged the impugned orders by way of this Criminal Revision Application and has prayed for the below mentioned relief:

"(B) Your Lordships may be pleased to quash and set aside the impugned dated 4-2-2019 passed under Exh. 1 by the learned Third Additional District & Sessions Judge, Banaskantha in the proceedings of Special (P.O.C.S.O.) Case No. 27 of 2017 as well as the order dated 11-8-2017 passed by the learned Principal Magistrate, Juvenile Justice Board, Palanpur in the proceedings of J.C.C. No. 51 of 2016 (Annexure-A) as well as the order framing charge under Exh. 20 dated 4-2-2019 passed by the learned Special P.O.C.S.O. Judge and Third Additional Sessions Judge, Deesa (Annexure-1) + order dated 30-6-2017 (Annexure-G1) passed by the Principal Magistrate, Juvenile Justice Board."

4. Order under challenge:

The applicant-C.C.L. has challenged three orders as under:

4.1. Order dated 30-6-2017 passed by the Principal Magistrate, J.J.B.-It is stated that during the deposition of the complainant, learned P.M. J.J.B. has held that the F.I.R. discloses that incident took place on 6-4-2016. The age of the C.C.L. is between 16 to 18 years. The allegation against the C.C.L. is for heinous offence as defined under the Act of 2015. In these circumstances, it is necessary to call for the report of preliminary assessment. That in the present case also, provisions are attracted. Thereafter, the case was adjourned and order dated 30-6-2017 was passed to call for report of preliminary assessment.

4.2. Order dated 11-8-2017 passed by P.M. J.J.B.- After receiving the report from the Psychologist, the below mentioned order was passed by the learned P.M. J.J.B. under Sec. 18(3) of the Act, 2015. Relevant portion of the order reads as under:

"3. Considering the report submitted by Dr. Vaid, it is made out that the child in conflict with law has not committed the alleged offence in any compelling circumstances. On the contrary, it appears that he did have the knowledge of the alleged act which he was committing as well as the consequences which might follow from such act. In view' of this finding, I am of the clear view that this is a fit case where there is a need for trial of the said child as an adult. Under these circumstances, this Board is required to order transfer of the trial of the present case to the Hon'ble Children's Court. It is, therefore, ordered accordingly. Further, the record and proceedings of this case is also ordered to be forwarded to the Hon'ble Children's Court by letter under my signature."

4.3. Order dated 4-2-2019 passed by Children Court - The case was transferred by learned P.M. J.J.B. to the Children Court. On receiving the R. & P. by the Children Court, 3rd Additional District Judge, Deesa, passed order to proceed the matter under Sec. 19(1)(i) of the Act, 2015. Relevant part of the order reads thus:

"6. Therefore, this Act and said provisions came into force 15-1-2016,