Gujarat High Court
Meghavi Yogeshkumar Patel vs State Of Gujarat on 12 September, 2022
Bench: Samir J. Dave
R/CR.RA/198/2020 ORDER DATED: 12/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 198 of 2020
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MEGHAVI YOGESHKUMAR PATEL
Versus
STATE OF GUJARAT
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Appearance:
KRUPABEN D MEHTA(8974) for the Applicant(s) No. 1
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
MR VISHAL B MEHTA(5319) for the Respondent(s) No. 2
MS MH BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 12/09/2022
ORAL ORDER
1. By way of present application, applicant has requested to
quash and set aside the judgment and order dated 05.11.2019
passed by learned Judicial Magistrate First Class, Sanand in
Criminal Misc. Application No. 94 of 2019.
2. Heard learned advocates for the respective parties.
3. Having heard learned advocates for the respective
parties, it appears that applicant was born on 05.08.1997 at
Taluka Sanand and office of the Sub Registrar, Department of
Health (Birth and Death), Sanand Nagarpalika had issued Birth
Certificate in favour of the applicant wherein the birth date of
the applicant is mentioned as 05.08.1997. It appears from the
record that the applicant got admission in the school-
R/CR.RA/198/2020 ORDER DATED: 12/09/2022
respondent no.2 and left the school on 31.05.2014, at that
time, respondent no.2-School had issued a School Leaving
Certificate on 31.05.2014 in favour of the applicant. At that
time, the applicant found that by mistake, the respondent no.2-
School had mentioned the date of birth of the applicant in the
School leaving certificate as 05.07.1997 instead of
05.08.1997. Thus, the applicant approached the respondent
no.2-School for rectification of error committed by school but,
the school had called the order of the court for such
rectification and thus, applicant approached the court of
learned Judicial Magistrate First Class, Sanand for rectifying
such date of birth, But, vide order dated 05.11.2019, the
learned court below rejected the application of the applicant.
4. It appears that in the copy of the aadhar card produced
on record by the applicant, the date of birth of the applicant is
mentioned as 05.08.1997. It appears from the impugned order
that the father and mother of the applicant are examined
before the court below wherein they have stated on oath that
the date of birth of their daughter means applicant is
05.08.1997 and due to mistake on the part of the respondent
no.2-school at the time of issuing school leaving certificate of
the applicant, they approached the respondent no.2-School but
school had informed them that the school has no power to
R/CR.RA/198/2020 ORDER DATED: 12/09/2022
make such correction and thus, they approached the learned
trial Court. As per submissions of the applicant, in the passport
also, the date of birth of the applicant is mentioned as
05.08.1997.
5. Thus, as per the aforesaid discussion, present application
stands allowed. The impugned judgment and order dated
05.11.2019 passed by learned Judicial Magistrate First Class,
Sanand in Criminal Misc. Application No. 94 of 2019 stands
quashed and set aside.
6. Instead of date of birth of the applicant ie. 05.07.1997,
respondent no.2-School is directed to rectify the date of birth
of the applicant as 05.08.1997 by following procedure at
school level.
Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(SAMIR J. DAVE,J)
K. S. DARJI
