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CR.MA/3672/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3672 of 2011
In
CRIMINAL
APPEAL No. 1035 of 2007
=========================================================
VISHNUBHAI
MAHESHWARI PRASAD DUBE - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
GAJENDRA P BAGHEL for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 21/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Present
application is filed by one Vishnubhai Maheshwari Prasad Dube. It is
mentioned in the cause-title that this application is under the
provisions of Juvenile Justice (Care and Protection of Children) Act
2000 for declaring the appellant / applicant to be juvenile. The
relief prayed in the application is under:
“20(B). Be
pleased to declare the appellant applicant original accused to be
juvenile under the provisions of Juvenile justice (care and
protection of children) Act 2000 and be pleased to release the
applicant appellant accused from judicial custody by way of quashing
and setting aside the sentence passed by the ld. Special Judge
appointed under the NDPS Act, passed on 17/07/2007, in Special NDPS
Case No.15 of 2005, in the interest of justice.”
2. Learned
Advocate, Mr.Baghel, for the applicant made available for perusal the
original Birth Certificate, xerox copy of which is produced at
Annexure – A (Page No.8), which is taken on record.
3. It
is painful that the plea of juvenility is raised at this stage so
late, because it is mentioned in the cause-title that the applicant
is, “presently undergoing in Vadodara Central Jail since
30/05/2005”.
3.1 The
certificate produced by the applicant is the birth certificate
(which contains name column of child but does not have a column of
birth date) of Vishnubhai Dubey mentioning mother’s name as Smt.
Bhagvati Devi and father’s name as Shri Maheshwari Prasad. Applicant
also produced birth certificate of Harikrushna with mother’s name as
Smt. Bhagvati Devi and father’s name as Shri Maheshwari Prasad.
Similarly, birth certificate of one Shri Chunnukant with mother’s
name being Smt. Bhagvati Devi and father’s name Shri Maheshwari
Prasad. Alongwith there ‘birth certificates’ extracts from ‘family
register’ from ‘Nagar Panchayat’ and ‘Nyay Panchayat’ are produced.
4. On
first look, the birth certificate produced at Annexure – A
Colly (Page No.8) where name mentioned is ‘Vishnubhai Dubey’ does
not inspire confidence because ‘Bhai’ is not a suffix which is
applied in the region from which the birth certificate is produced.
4.1 The
certificate which is produced is not a birth date certificate. It is
only a birth certificate and the entire certificate does not possess
a column wherein ‘date of birth’ is to be mentioned. The date is
mentioned in the title wherein it is written that this certificate is
issued under Section 12 /17 of Birth / Death Registration Act, 1969
and (blank) Rule 8/13 of Birth / Death Registration Rules, Uttar
Pradesh and Rules made thereunder.
4.2 Meaning
thereby, this certificate only declares that a person named
Vishnubhai Dubey was born to a couple named Smt. Bhagvati Devi and
Shri Maheshwari Prasad. It also reveals that child was born in a
‘Hospital’ and the permanent address of the mother and father is
‘Rasin’ (it appears to be the name of village). The certificate is
issued under the signature of ‘Upnibandhak (BHW)’, Birth / Death, New
Primary Health Center, Rasin, P.H.C., Shivrampur, Dist: Chitrakut.
The date of issuing certificate is 15/12/2010 alongwith signature of
issuing Officer, which is overwritten and the spelling of ‘Dubey’ is
also wholly incorrect.
5. As
required under the law, the age is required to be verified from the
Chehra Nisan Patrak (Identification Slip of the accused). It is
reported that the R & P of Special NDPS Case No.15 of 2005 is
received in the Registry from the Court of District Court, Surat.
5.1 Registry
is directed to make available the same to the learned Advocate, for
the applicant to obtain the copy of Chehra Nisan Patrak
(Identification Slip of the accused) so as to produce the same before
the Court in support of his application.
6. Matter
to come up for hearing on 24/03/2011.
(RAVI
R TRIPATHI, J.)
(P
P BHATT, J.)
sompura
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