1 6.wp.504-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.504 OF 2011 Aslam Mohamad Shafiq Chaudhary, minor, through his mother Lata Shafiq Chaudhary. ..Petitioner. Vs. The State of Maharashtra. ..Respondent. .......... Mr.S.A. Malkani, Advocate for the Petitioner. Ms.S.V. Gajare, A.P.P. for the State. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 21st FEBRUARY, 2011. P.C. 1. The grievance in this Petition is essentially about the correctness of the decision of the J.M.F.C., Kalyan dated 2nd February, 2011 in Summary Case No.2401 of 2011. 2. The said decision is founded on the plea taken by the accused, son of the Petitioner, of having admitted the guilt. It is contended that her son was minor on the date of commission of offence as also when he pleaded guilty to the said charge. Therefore, the procedure followed by the concerned Court is not appropriate. PPD 2 6.wp.504-11 3. From the decision of the JMFC, however, it appears that the accused has been shown as 18 years of age. The plea that the accused was juvenile in conflict with law on the date of commission of offence was obviously not taken before the lower Court. It is not open to the petitioner to assail the correctness of the statement of fact recorded by the lower Court which is on the basis of the stand taken by the party before that Court. The grievance that the fact so recorded is incorrect will have to be made before the same Court in the first instance and not directly before the superior Court. The Petitioner as well as the accused if so advised, is free to approach the concerned Court for correction of the record of the lower Court. We express no opinion on the merits of the contentions. The Petitioner is allowed to withdraw this Petition with liberty to pursue her remedy before the lower Court which application will have to be decided on its own merits in accordance with law. 4. Petition is disposed of accordingly. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)