JUDGMENT :

1. I have heard Mr. Sushil Shukla & Mr. Aditya Prakash Singh, learned counsel for the applicant, Mr. R.P. Mishra, learned A.G.A. for the State and perused the material available on record.

2. This application under Section 482 Cr.P.C. has been filed by applicant to quash the impugned order dated 03.02.2023 passed by learned ACJM, Khurja, District Bulandshahar in connection with Criminal Case No.3431 of 2016 arising out of Case Crime No.483 of 2016, under Sections 419, 420, 467, 468, 471 and 120-B IPC, Police Station Khurja Nagar, District Bulandshahar and for a direction to the learned Magistrate to comply with the order dated 18.05.2022 passed by Juvenile Justice Board, Bulandshshar so that trial of the aforesaid case be transferred under Section 18 (3) of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the "Act, 2015") before the Children's Court/POCSO Court, Bulandshahar having its jurisdiction.

3. In short, the facts in brief are that on 30.06.2016, the opposite party no.2 lodged the FIR against unknown persons alleging that on false promise of obtaining NOC from Pollution Board, U.P. to run his cold storage, the informant/opposite party no.2 was duped of Rs.40 lakh by unknown person, who asked him to make deposit the said amount into some bank account, where after the OSD of Hon'ble Chief Minister was promised to help him. It is further alleged that the informant/opposite party no.2 issued three cheques, i.e., cheque no.408173 dated 22.06.2016 amounting to Rs.20 lakh, cheque no.408174 dated 22.06.2016 amounting to Rs.10 lakh and cheque no.408175 dated 24.06.2016 amounting to Rs.10 lakh. Total Rs. 40 lakh has been deposited by the informant/opposite party no.2 through R.T.G.S. in the Account No.20321300148, State Bank of India, C.O.G Bazar, Agra. It is further alleged that when the informant/opposite party no.2 has inquired about the said account, it was found that the said account is opened in the name of Narendra Singh s/o Anil Singh, House No.144, New Abadi, Taj Nagri, Tajganj, Agra Mobile No.8171978713. Since then the informant/opposite party no.2 has contacted several times but the accused person has not responded. Thereafter, the informant/opposite party no.2 has approached the Samajwadi Karyalaya, Lucknow and met one Ashish Yadav, who has stated that he never called and some one has duped his money naming his name.

4. After lodging the FIR, the aforesaid matter was investigated and during investigation it was found that in the alleged commission of offence total eight persons were involved. Co-accused Rahees and other two co-accused persons including the applicant were arrested on 24.07.2016 and from their joint possession Rs.5.5 Lacs were recovered. After conclusion of investigation, the investigating officer has submitted charge sheet on 10.09.2016 against all eight accused persons including the applicant. Based upon charge sheet, the learned Additional Chief Judicial Magistrate vide order dated 16.09.2016 has taken cognizance and drawn criminal proceeding against all the accused persons. The applicant had moved regular bail claiming juvenility, which was allowed vide order dated 19.10.2016 till the Board made functional and pending decision regarding determination of age of the applicant. Ultimately, the applicant was declared juvenile vide order dated 18.05.2022 passed by Juvenile Justice Board, Bulandshahar.

5. Learned counsel for the applicant has submitted that the applicant was declared juvenile vide order dated 18.05.2022 and at the time of commission of alleged offence, the applicant was 16 years 9 months and 7 days and meaning thereby the applicant was above 16 years but less than 18 years. He has further submitted that after declaring juvenile, the guardian of applicant had moved an application dated 26.08.2022 before learned Additional Chief Judicial Magistrate Khurja, Bulandshahar praying therein to separate the file of trial proceedings of the instant cas