IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No.940/2010 Shabbir Vs. Harish Kumar Date of order : 17.8.2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Harendra Singh for the accused petitioner Mr. Piyush Kumar, Public Prosecutor. Mr. Sandeep Jain for the complainant ****** Heard learned counsel for the petitioner and perused the impugned judgments passed by the Courts below and record of the case. This revision petition has been filed by the petitioner challenging the order dated 21.11.2009 passed by the Chief Judicial Magistrate, Sawaimadhopur, by which the prosecutrix was ordered to be sent to Nari Niketan. Subsequently, revision petition filed by the petitioner was also dismissed by the learned Additional Sessions Judge, Sawai- Madhopur, upholding the order passed by the Chief Judicial Magistrate. Learned counsel for the petitioner argued that the learned Courts below have failed to appreciate that the prosecutrix was a major girl and if there was some dispute about her attaining the age of majority, she has become major by now. It is contended that as per the medical examination report, which was prepared on 20.11.2009, the age of the prosecutrix was found to be about 17-18 years and thereafter a period of more than 9 months has elapsed, she has attained the age of majority by now and, therefore, her wishes may be ascertained. It is contended that the prosecutrix has been repeatedly making applications to the Chief Judicial Magistrate, Sawai-madhopur through Assistant Superintendent, Nari Niketan, Jaipur requesting that appropriate order may be passed allowing her to go home. In this connection, learned counsel has produced three such applications sent to the Court of Chief Judicial Magistrates. Learned learned Public Prosecutor has also submitted that wishes of the prosecutrix may be ascertained afresh. Having regard to the submissions made above, considering the circumstances of the case and without commenting upon the orders impugned, it is directed that the prosecutrix may be produced before the learned Chief Judicial Magistrate on 26th August, 2010, on which date the learned Chief Judicial Magistrate shall ascertain her wishes and would allow her to go with whoever she wants to go. Revision Petition stands disposed of accordingly. Registry is directed to endorse a copy of this order to the Superintendent, Balikagrah, Gandhi Nagar, Jaipur. (MOHAMMAD RAFIQ), J. Thanvi