Cri.W.P. No.388/16 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.388 OF 2016
Petitioner : Shri Pundlik @ Gulab s/o Mahadeorao Uike,
Aged about 56 years, Occupation : Service,
R/o Ward No.3, Hanumangarh, Giri Peth,
Pipri (Meghe), Wardha,
Tahsil and District Wardha.
ig -- Versus --
Respondent : 1] Registrar/Secretary,
Gram Panchayat, Ridhora, Tahsil Seloo,
District Wardha.
2] The Managing Director,
Sant Rohidas Charmodyog &
Charmakar Vikas Mahamandal Ltd.,
(Govt. Undertaking), Bombay Life,
Building, 5th Floor, 45 Bit Nariman Road,
Mumbai: 01
Respondent Nos.2 and 3
deleted as per order
3] Sant Rohidas Charmadyog &
dated 29/07/2016.
Charmakar Vikas Mahamandal Ltd.,
Samajik Nyaya Bhawan, Shewagram Road, Wardha,
through its District Manager.
2A] The Collector,
Collector's Office, Wardha.
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Shri A.C. Dharmadhikari, Advocate for the Petitioner.
Shri T.A. Mirza, A.P.P. for the Respondent No.2.
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C ORAM : S. B. SHUKRE, J.
DATE : 10
OCTOBER, 2016.
th
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Cri.W.P. No.388/16 2
ORAL JUDGMENT :-
Heard. Rule. Rule made returnable forthwith.
02] Heard finally by consent.
03] The reply filed by the prosecution is taken on record. It is seen
from the impugned order dated 12 th May, 2016 passed by the learned Judicial Magistrate First Class, Seloo in Other Miscellaneous Criminal Application No.8/2016 that the learned Magistrate has rejected the application filed under Section 13(3) of the Births and Deaths Registration Act, 1969 by reasoning that school leaving certificate is, prima facie, the best evidence of date of birth in the absence of birth certificate. The learned Magistrate has, however, completely ignored extract of entry regarding date of birth of the applicant certified as true copy on behalf of the Collector's Office, Wardha.
This date of birth entry in the birth register of the Collector's Office, Wardha discloses that the date of birth of the applicant is 27/02/1960. The learned Magistrate has not given any reason as to why the certified copy of the extract of death of birth entry be discarded. The learned Magistrate ought to have considered the same and given reasons for discarding this date of birth entry.
The impugned order, therefore, cannot be sustained in law. The matter deserves to be remanded back to the learned Magistrate for deciding it afresh in accordance with law. Hence, the order.
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ii. The impugned order is hereby quashed and set aside.
iii. The learned Magistrate is directed to decide the application afresh in accordance with law.
iv. Leave is granted to the applicant to tender additional evidence, if any, including of the applicant.
v. The learned Magistrate shall endeavour to dispose of the application as expeditiously as possible and in any case on or before 30th November, 2016.
vi. Rule is made absolute in above terms.
JUDGE *sdw ::: Uploaded on - 13/10/2016 ::: Downloaded on - 14/10/2016 00:40:38 ::: Cri.W.P. No.388/16 4 C E R T I F I C A T E I certify that this judgment uploaded is a true and correct copy of the original signed judgment.
Uploaded by: S.D. Waghmare Uploaded on : 13/10/2016 P.A. to the Hon'ble Judge.
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