NARAYAN Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) Issue notice for final disposal.

(2.) Mr.L.R.Upadhyay, learned Public Prosecutor and Mr. Firoz Khan accept notice for respondents No. and respectively. With the consent of learned counsel for the parties, this miscellaneous petition under sectionof the Code of Criminal Procedure,(for short 'the Code' hereinafter) is being finally heard and decided at the admission stage.

(3.) By the instant petition under section of the Code, the petitioner has challenged the order dated 7.2.2008 passed by Sub Divisional Magistrate, Gangrar, Distt. Chittorgarh (for short 'the Executive Magistrate' hereinafter) directing the Superintendent, Nari Niketan, Udaipur to keep Kumari Laxmi in their custody till she attains the majority. Learned counsel for the petitioner submits that firstly the order impugned is erroneous to the extent that Kumari Laxmi is years of age; she already attained the majority; she was examined by the Executive Magistrate and in her statement on oath, she stated her age to beyears. Learned counsel for the petitioner further submits that on a proceeding under sections and of the Code initiated by respondent No. Devilal, girl Kumari Laxmi was produced before the Executive Magistrate and the Executive Magistrate recorded her statement on oath. Respondent No. Devilal has no objection, if Kumari Laxmi is released from Nari Niketan, Udaipur and live with petitioner Narayan, with whom she stated to have contracted "Nata Marriage ". An affidavit of respondent No. Devilal has been filed by learned counsel for respondent No., which has been placed on record.