HARISHANKAR PANDEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Advocate for the petitioner and the learned APP for the State.

(2.) By this writ petition, the petitioner through his father has challenged the order dated 3rd November, 2007 passed by the learned Additional Sessions Judge, thane. The case of the petitioner is that his son Ashish was a minor when the provisions of the Maharashtra Control of Organized Crime Act (for brevity hereinafter referred to as "mcoc Act") came to be applied to him. The case of the petitioner is that Ashish was born on 3. 5. 1988. The provisions of the MCOC Act came to be applied on 21. 4. 2005. At that time, Ashish had not even completed 17 years of age. Hence, it is prayed that as Ashish was a minor at that time, he be released forthwith. Based on the fact that Ashish was a minor other reliefs have been prayed by the petitioner.

(3.) The petitioner has averred that his marriage was solemnized on 1. 5. 1982. However, as his wife Asha was minor at relevant time, she came to his residence for cohabitation after Gauna ceremony on 11. 5. 1987. Invitation cards to Gauna ceremony got printed by his father in law, are produced. Petitioner has categorically averred that ashish is his eldest son and Ashish was born on 3rd May, 1988 at Saki Naka, mumbai. He stated the delivery of his wife had taken place at his residence in Mumbai, hence, he is unable to produce any certificate from any hospital nor he registered the birth of his son Ashish with concerned municipal authorities. He has relied on horoscope allegedly prepared by one Pandit Ramshankar Tiwari. According to the petitioner, Pandit Tiwari is no more and the horoscope was got prepared by his father at relevant time.