THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11167 of 2011 ORDER: This Criminal Petition is filed to set aside order dated 15.11.2010 passed by the Chief Metropolitan Magistrate, Hyderabad, whereby P.R.C.No.11 of 2010 on the file of IX Additional Chief Metropolitan Magistrate, Hyderabad, was ordered to be transferred to the Court of V Additional Chief Metropolitan Magistrate, Hyderabad. The petitioner herein is the de facto complainant, whereas the 2nd respondent herein is Accused No.1 in the case. The offence alleged against the 2nd respondent herein is punishable under Sections 302 and 380 IPC. On the complaint lodged by the de facto complainant, the respondent police registered the case as Crime No.330 of 2009 on the file of Chikkadpally Police Station. After completion of investigation in the case, the charge sheet was filed before the IX Additional Chief Metropolitan Magistrate, Hyderabad, and the same was numbered as P.R.C.No.11 of 2010. During remand as well as filing of the bail application, the 2nd respondent herein claimed himself aged about 19 years, but after filing of the charge sheet, he filed a memo before the Court stating that at the time of commission of offence, he was aged about 17 years and as such sought for necessary orders with regard to his claim as a juvenile. Thereupon, the IX Additional Chief Metropolitan Magistrate, Hyderabad, addressed a letter to the Chief Metropolitan Magistrate, Hyderabad, informing that the 2nd respondent herein is a juvenile, thereby, sought for necessary orders for transfer of the said P.R.C.No.11 of 2010 to the concerned Court. Pursuant thereto, the Chief Metropolitan Magistrate, Hyderabad, passed orders dated 15.11.2010 permitting the IX Additional Chief Metropolitan Magistrate, Hyderabad, to transfer the said P.R.C.No.11 of 2010 pending on his file to the Court of V Additional Chief Metropolitan Magistrate, Hyderabad, and accordingly, the said case has been transferred. Aggrieved thereby, the present Criminal Petition is filed. Heard. Perused the entire material placed on record. The 2nd respondent herein is facing trial for the offences punishable under Sections 302 and 380 IPC. When once the petitioner was shown as major at the time of filing of the charge sheet before the concerned Court and thereafter he has taken a plea before the committal Court that his case to be tried as juvenile before the Juvenile Court as he was minor at the time of commission of offence, this Court is of the view that it is the bounden duty of the committal Court to conduct an enquiry as per the provisions of the Juvenile Justice Act, and after conducting an enquiry, if the enquiry report is in favour of the 2nd respondent, the committal Court is at liberty to transfer the case and if the enquiry report is contrary to the claim of the 2nd respondent, then the case of the 2nd respondent herein be tried along with other accused before the concerned Sessions Court. For the aforesaid reasons, the impugned order dated 15.11.2010 passed by the learned Chief Metropolitan Magistrate, Hyderbad, is set aside and the learned IX Additional Chief Metropolitan Magistrate, Hyderabad, is directed to conduct an enquiry on the basis of the petition filed by A-1/2nd respondent herein and to decide the case in accordance with law. With the above directions, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ____________________ JUSTICE RAJA ELANGO 11.11.2011 v v