Calcutta High Court (Appellete Side)
Sukumar Guchhait vs The State Of West Bengal & Ors on 3 February, 2014
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 03.02.2014.
Item No. 243. W.P. 36761(W) of 2013 Sukumar Guchhait Versus The State of West Bengal & Ors.
Mr. Radhasyam Maiti, ... for the petitioner.
\\\\\\ The petitioner is the father of the alleged minor girl, who was claimed to be kidnapped by the accused persons. At the behest of the petitioner first information report being Moyna Police Station Case No. 110 dated 8th June, 2013 under Sections 363/366A of the Indian Penal Code was registered. In course of investigation, the victim girl was recovered and produced before the learned Chief Judicial Magistrate, Purba Medinipur. A birth certificate was produced before the learned Chief Judicial Magistrate, issued by the District Hospital, Tamluk, showing the date of birth of the victim girl as 12th September, 1995. Relying on such birth certificate, the learned Magistrate by order dated 7th October, 2003, declared the victim girl to be major and released her on own bond. The petitioner has prayed for a declaration that birth certificate issued by the District Hospital, Tamluk is not a genuine one and that the same be cancelled.
Whether a document is genuine or not requires enquiry on evidence and/or forensic examination of the same. In the event the petitioner is dissatisfied with the impugned order dated 7th October, 2003 passed by the learned Chief Judicial Magistrate, Purba Medinipur, he has ample remedy under the Code of Criminal Procedure to assail the same in exercise of revisional jurisdiction. The petitioner is also at liberty to assail the genuineness of the aforesaid document relied upon in the impugned order in course of such proceeding in accordance with law. In view of existence of such alternative remedy, I am afraid the invocation of writ jurisdiction for declaration that the said document is invalid and non est in the eye of law is not warranted.
With the aforesaid observation, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied on priority basis.
ab (Joymalya Bagchi, J.)