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2014 DIGILAW 70 (MEG)

Naveen Kumar Rai v. State Of Meghalaya

2014-04-17

PRAFULLA C.PANT

body2014
ORDER : Prafulla C. Pant, J. 1. Heard. 2. By means of this criminal petition filed under Section 482 Code of Criminal Procedure, 1973 the petitioner has prayed that the order dated 27.02.2014 passed by the Chief Judicial Magistrate First Class, Shillong in CR Case No. 301 (S) 2013 refusing to direct to the authority concerned to register the date of birth of the petitioner, be quashed. 3. Learned counsel for the petitioner drew attention of this Court to Annexure III-a, which is a copy of certificate issued by the Meghalaya Board of School Education, wherein, the date of birth of the petitioner Naveen Kumar Rai is shown as 08.02.1995. Attention of this Court is further drawn to the copy of the Ration Card (Annexure III-d) which is dated 04.06.1993 shows that at that stage, the petitioner was not shown as member of the family of his parents (as he was not born by then). Not only this, copy of the Voters Identity Card is annexed with the petition showing that the petitioner Naveen Kumar Rai was issued Voters Identity Card vide Electoral Registration Officer, Shillong on 17.01.2014, as he had attained age of eighteen years in 2013. 4. It is argued on behalf of the petitioner that the Magistrate instead of discussing the above mentioned documentary evidence, has simply rejected the application of the petitioner on the ground of some discrepancies between the oral statements of witnesses namely, Nagina Devi and Poonam Devi. 5. Having heard learned counsel for the petitioner and learned counsel for the State and after going through the papers on record, this Court is of the view that to secure the ends of justice, it is necessary to direct the Magistrate to consider the abovementioned documentary evidence before disposing of the application moved by the petitioner regarding registration of date of birth. 6. Accordingly, this criminal petition is allowed. The impugned order dated 27.02.2014, passed by the Judicial Magistrate First Class, Shillong (Smt. R.M. Kharsyntiew) is quashed with a direction that the Magistrate shall dispose of the application registered as CR Case No. 301(S) 2013 afresh after considering the documentary evidence as mentioned above, along with oral evidence adduced by the parties.