Ravi Shankar Kumar Akela v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36651 of 2012 Arising Out of Delha P.S. Case No. 44 Year 2005 Thana Delha District- GAYA =========================================================== Ravi Shankar Kumar Akela, Son Of Sri Kameshwari Prasad, R/O Village Karpi, P.S. - Khizersarai, District - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh, Adv. Mr. Anil Kr. Sinha, Adv.

For the State : Mr. S.M. Rahman, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 05-05-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 7.4.2009 by which the Judicial Magistrate, Gaya, in Trial No. 541 of 2011/483 of 2012 arising out of Delha P.S. Case No. 44 of 2005 has ordered for constituting a Medical Board for determining the age of Petitioner ignoring the date of birth as recorded in the matriculation certificate. Since it is well within the power of the Judicial Magistrate to call for a medical report upon the controversy in regard to age of a person, I see no merit in the application. The same is dismissed.

(Anjana Prakash, J) S.Ali/- U T