RASID ALI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is not a very usual case as it was and still is, in this matter, a plea being taken that the accused/petitioners are minor. At one stage the learned additional Chief Judicial Magistrate, Baruipur held that the accused persons were major and against this decision a revisional application was filed in this court.

(2.) BY an order dated 2. 5. 2008 a learned Single Judge of this Court had been pleased to set aside and quash the said decision holding the petitioners major. At the same time His Lordship was pleased to give direction for holding Ossification Test.

(3.) IN spite of the said order and direction, till date no report is forthcoming. It appears from the report that the Investigating Officers have been transferred successively and before their transfer, they had not taken any prompt step for obtaining the Ossification Test Report. Therefore, the issue of major still remains unresolved and it depends upon the availability of the ossification Test Report.