02/ 14-Feb-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.137 of 2011 KHUSBU KUMARI W/O DHARMENDRA PASWAN, D/O JAWAHAR PASWAN, R/O VILLAGE-LATRU TOLA, KALI ASTHAN, P.S. GOGRI, DISTT- KHAGARIA……………………………...PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SUPERINTENDENT, NARI NIKETAN, GAYA GHAT, PATNA 3. THE OFFICER INCHARGE, KHAGARIA (GANGAUR) P.S.KHAGARIA. 4. JAWAHAR PASWAN S/O LATE GANAURI PASWAN, R/O VILLAGE- LATRU TOLA, KALI ASTHAN, P.S. GOGRI, DISTT- KHAGARIA………………………….RESPONDENTS. ----------- Heard learned counsel for the petitioner and learned counsel for the State. From various annexures to the writ petition it is clear that father of the petitioner has lodged a criminal case bearing Khagaria (Gangaur) P.S. Case No.145 of 2010 leading to G.R. No.615 of 2010 and in that case, the petitioner was examined by the Chief Judicial Magistrate under Section 164 Cr.P.C. and after verifying her age, he authorized Nari Niketan, Patna to keep the petitioner there until further orders. According to the FIR the petitioner is a minor but she claims that she is a major. A habeas corpus writ petition against judicial 2 order of learned Chief Judicial Magistrate passed under provisions of the Code of Criminal Procedure cannot be entertained in the facts and circumstances of the case. The Code of Criminal Procedure is a complete code in itself and a judicial order even if it is wrong should be challenged in accordance with provisions in the Code. In that view of the matter this writ petition is dismissed but with liberty that petitioner may file appropriate application against order of the learned Chief Judicial Magistrate with which she is aggrieved. perwez (Shiva Kirti Singh, J.) (Gopal Prasad, J.)