PRADIP SARKAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner, the learned Counsel for O.P. No. 2 and the learned Addl. Government Advocate for the State-O.P. No. 1.

(2.) Order dated 15.2.2010 passed by the learned J.M.F.C., Umerkote in G.R. Case No. 475 of 2009 determining the age of the victim girl has been challenged in this application Under Section 482, Code of Criminal Procedure by the informant, who is the father of the victim girl, on the ground that certain relevant materials and documents were not properly considered by the, learned Magistrate while determining the age of the victim.

(3.) It appears from the impugned order that the question of determination of age of the victim girl arose before the learned Magistrate as because the informant claimed that the victim was a minor less than 15 years of age and was kidnapped. It was contended before the J.M.F.C. on behalf of 1he accused persons and even by the victim herself that she was major and the question arose with regard to giving of custody of the victim.