Bahadur Suryavanshi Through His Father ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 21844 MP

Citation : 2023 Latest Caselaw 21844 MP
Judgement Date : 19 December, 2023

Madhya Pradesh High Court

Bahadur Suryavanshi Through His Father ... vs The State Of Madhya Pradesh on 19 December, 2023

Author: Vivek Rusia

Bench: Vivek Rusia

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                                                    M.Cr.C. No.46543/2023


        IN THE HIGH COURT OF MADHYA PRADESH
                      AT INDORE
                       BEFORE
            HON'BLE SHRI JUSTICE VIVEK RUSIA

               ON THE 19th OF DECEMBER, 2023

           MISC. CRIMINAL CASE No. 46543 of 2023

BETWEEN:-
BAHADUR SURYAVANSHI THROUGH HIS FATHER RAMESH S/O
SHREE BAPUJI SURYAVANSHI, AGED ABOUT 45 YEARS,
OCCUPATION: AGRICULTURE VILLAGE THADODA, P.S. AGAR
DISTRICT AGAR MALWA (MADHYA PRADESH)
                                                   .....PETITIONER.
(SHRI GOURAV SHRIVASTAVA,          LEARNED     COUNSEL FOR         THE
PETITIONER.)

AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
THROUGH POLICE STATION KANAD DISTRICT AGAR MALWA
(MADHYA PRADESH)
                                                 .....RESPONDENTS
(SHRI ANENDRA SINGH PARIHAR, LEARNED GOVT. ADVOCATEFOR
THE RESPONDENT/STATE.)


      This application coming on for hearing this day, the court
passed the following:
                              ORDER

1. The petitioner has filed the present petition u/s. 482 of the Cr.P.C. challenging order dated 5.9.03 passed in Cr. Case No. 485/203 pending against him in which he has not been found juvenile.

2. Learned counsel for the petitioner submits that the police has seized two scholar registers in which two different date of birth i.e. 10.9.2005 and 7.12.2003 of the accused are recorded. Therefore, in

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view of the law laid down by the apex Court in the case of Vinod Katara V/s. State of U.P. : 2022 LiveLaw (SC) 757, the trial Court should have directed for ossification test in order to ascertain the age of the petitioner.

3. Para 64 and 65 of the aforesaid judgment of the apex are reproduced below :

"64. Despite all the odds against the writ applicant, we would still like to look into the matter in the larger interest of justice. It will be in fitness of things if the writ applicant convict is once again subjected to the ossification test at the Civil Hospital, Allahabad or any other latest medical age determination test and such test shall be carried out by a team of three doctors, one of whom should be the head of the Department of Radiology.

65. In view of the aforesaid, we issue the following directions:

(i) We direct the Sessions Court, Agra to examine the claim of the writ applicant to juvenility in regard with law within one month from the date of communication of this order:

(ii) The concerned Sessions Court shall also examine the authenticity and genuineness of the Family Register sought to be relied upon by writ applicant convict considering that the document does not appear to be contemporaneous. This document assumes importance, more particularly in the light of the fact that the ossification test report may not be absolutely helpful in determining the exact age of the writ applicant on the date of incident. If the Family Register on record is ultimately found to be authentic and genuine, then we may not have to fall upon the ossification test report. In such circumstances, the Presiding Officer concerned shall pay adequate attention towards this document and try to ascertain the authenticity and genuineness of the same. If need be, the statements of the persons concerned i.e. from the concerned government department may also be recorded;

(iii) The Sessions Court shall ensure that the writ applicant convict is medically examined by taking an ossification test or any other modern recognized method of age determination,

(iv) The Sessions Court concerned shall submit its report as regards the aforesaid to this Court within one month from the date of communication of this order,

(v) The Registry is directed to forward one copy of this order to Sessions Court, Agra,

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(vi) We request the learned counsel appearing for the State to take appropriate steps to

4. In view of the above, the impugned order is set aside with a direction to the learned Additional Sessions Judge to medically examine by taking ossification test or any other modernized method of age determination to ascertain his age and decide the issue afresh considering the evidence came on record.