Revision Petition No.1051/2009 has been preferred against order dated 03.09.2009 passed by the Additional Sessions Judge, Nagaur in Criminal Appeal No.41/2009, whereby the court allowed the appeal preferred by non-petitioner No.2 and directed the Juvenile Justice Board to conduct an inquiry under Section 49 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act').

2. Revision Petitions No.558/2009 and 559/2009 have been preferred by the complainant for cancellation of the bail granted by the appellate court vide orders dated 21.03.2009 and 16.02.2009 respectively.

3. Heard counsel for the parties.

4. It is contended by counsel for petitioners-Kumbha Ram & others that the appellate court has seriously erred in remanding the case for conducting inquiry under Section 49 of the Act, as from the material, which was available before the Juvenile Justice Board, it was apparent that the petitioners were juvenile at the time of commission of the alleged offence. It is also contended that the police submitted the challan papers before the Juvenile Justice Board. Along with the charge-sheet, Certificate of the Board of Secondary School of