@ 2 x: wa/ y” g 1N THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITIOIx/Nogér‘}§/2005 / ,1/ M. Prabhakar Rao S/o late Shri M.L.Rao aged about 32 R/o C/o S.C. Dubey, near water tank, Indira Colony Tarbhar Bilaspur,‘ District Bilaspur C.G. M.A1jun Kumar S/o late Shri M.L.Rao aged about 37 R/o Shivaji Nagar, Raipur, Distt. Raipur, C.G. VERSUS RESPONDENTS f State of Chhattisgarh through . Collector Bilaspur C.G. PETITIONERS 2. ‘S.R.P. Kauuri 1.P.s. g1 Superintendent of Police /’“ Bilaspur, at present posted at / Balrampur, District Balrampur C.G. ,1; s.H.o. Mahila Thana, Bilaspur/ District Bilaspur C.G. §.A S.H.O City Kotwah' Bilaspur, ‘ / District Bilaspur C.G. H; . Divisional Education Officer, '(tribal), oftice situated at Nehru Chowk Bilaspur C.G. r§$x Dr. B.R.Nanda (R.M.O.), posted at CIMS Bilaspur as Medical/ ofdcer. District Bilaspur C.G. 6. Dr. D.R.Pat1e posted at SIMS /" Bilaspur as Medical officer. / District Bilaspur C.G. Dr. N.S. Chandel posted at SIMS Bilaspur as Medical otiicer. District Bilaspur C.G. , Dru Yogita Haripriya posted at / SIMS Bilaspur as Medical oilijc’er. District Bilaspur C.G. / 4 / / , 9 Dr. S. Chatterjee posted at SIMS Bilaspur as Medical ofliccr. District Bilaspur C.G. Mrs Rachana Rao W/o M. ‘V Prabhakar Rao, D/o T.J.R Naidu, aged about 3O years, R/o Church road Gandhi Nagar, bchind Balram Talkies, Bilaspur,‘ C.G. Dr. T.J.R. Naidu,( Retd. Vetenaly Doctor.) aged about 67 years, R/o Church road Gandhi Nagar, behind Bah-am Talkies, Bilaspur, C.G. Abhishek Naidw» S/o Dr. T.R.J. Naidu aged about 30 years, R/o Church road Gandhi Nagar, r behind Balram Talkies, Bilaspur, C.G. Smt. Shashikala Naidu W/o Dr. T.R.J. Naidu aged about 62 years, R/o Church road Gandhi Nagar, behind Balram Talkies, Bilaspur, C.G. ‘ Principal, Govt. Boys Higher . District Secondaly Bilaspur, School co: Belghana l WRIT PETITI N UNDER ARTICLE 226/227 OF THE C ‘NSTITUTION OF INDIA / I / W; Xl-HC-78 1mm amw WI?III¥-:/n\u\’\-I§I‘I i.O-ugl-II I- «i200 3111131m (W) ' Wmzw‘wm ‘ mmm 311321 a;W mat 3L$2£$5 cm1n$€1 for ths petitieaer. ghri Abhijgat Sal‘kay, Shri Sande€p Dubéy, Gevt. Aclv. for the Stat?“ ~£6ard. 116 pcatiticners; haV€ prefErrEd. this writ p€tition undEr Article 226i??? tlm Constitution of India fQr' iSsuance of writ of certi, rari for (mashing the Crimimal Case No.388/O4 psnding béfortt tlm Judicial Magistrat€ Fimt Claas, Bilasyur; or initiation of investigation rogardmg authenticity of mat‘wr in tho certificatos; isauod by tho District Moc’dcal 05rd, Bilaspur; fof iaitiation of appl‘opriatc legal action againsi reSponcEent NOSE to 9 herein anc‘i to direct ihe Investigating Agoncy to ragiSter appropria*€ aga not i~C§p0Ddont \Iog 10 to 13 116mm aogagdnw thou ma lamb ilhmt ac? Rafi bohavmm The caSc, as sot out 1n the pentlon, o; 16 pctltlontn i$ that raspondont No. 3.9 SmtRachna Rae was manned to petitioner No.1 116mm o 22.5.2002 with tho consent of both offe11c€ tho familiss accor ing to Hindu rites rand-after marriago potitioner No1 u, rospondoht No. 1O Enjoyed thoir mai'r'iod lifo arounci abémt fivo months. is a Sonioi" Lecturcr at Boys Higher Secondary Bolgahna and drawing a siaiary of Rs.1G,OOO]~ par month and Petitiooer No.1 eari Rs.15,000/— poi“ month. Since tho father of i‘osponden No.10 is rosiding at Bilaopur, thorofo o She often use o leave Ior her fathei 5, iemoeme and theie reypondont No ii to 1o heioin Lioed to provoke Rospondent No. 10 School, G‘ f i Xl-HC-78 WW,W,W "-- ........... n...- .. ....... ...... mzoo anéetm(W3W) mammim.‘ n ammam 1‘“ ‘. ' wmmamv F' h mm'§%% 11W?“ ’ I her and m‘wsuriza her to ores Dctiti§§1§q§§g to laave,,11is home anii start having a her parents hsuge at Gaildhi Nagar, Bi}a$pur. When 1:16 p€titi0ner mfusEd to (i0 so, mspondent N0. 10 to 13 th. €at6‘116d ths patitionm‘ that thé‘y will implicats $hc petitioners in a falSr: cas'ft'and on £116 evmlt ”i116 pEtitioner N0. woukl loose his Social imago gained aS roputed {Each 1‘ and potitionar No.2, who io having a wifo anti son, v 11M aESo 10036. tho govsrnmont job. Tho fact that. family : membors of i‘wpoudont No.1 including herself woré thrsatemng the potitioners waS duly intimatod to tho Mahila anai Bilaspur on. 14.2.2003, how-aver, duo i0 approhons'o'n of compromise the. potitionor dizl not want aziy'iogal acti n against tho roopondont No.10 or hsr family membors. E—owevor, rospondont No.10 with tho holp of hor fami‘iy moobors loogeC’L a faioo Caiao against Thana, Bilaspur under Soo‘rion 498A, EOévB roacl with Soction 34 of tho. EPC by way of complaint elated 16 4.2G03 &.'19.4.'2003, as ayoonlt of which .tho petitionor No.1 was arrostso on 15.8.2908 and was romainod in ja for about _twolvo days duo to which 116 has 10s: his s oial image as teacher and his carom” ofidod up withim no iimo. Furthor caso of €116 potitionors is that Wlioiio tho patitionom in tho ahila d 1:, potitionor No.1 trial ‘to bring back rospon‘dont No.10 to 1i$ rosidenco she uSed to i‘ofuSo koki him' stating that $116. woulc Reva-Ii moot him- unless and unti1 he Gators; to tho: ciamand of her family momborS that ho muSt vacate his preson residonco and stay 'at thoir , 1 0 h i v XI-HC-78 m§qi$ nun-nut" E20 311%21W (W) Immamj mam-[m P > fammmanéer w' -> #3,; v,mm#%m a; a mgr f6$id€31ce at Gaiidhi Nagar, Bilasspur and Whan th€r fmtitionsr N0,1 mfusmd to the pressurize tactics of respondent No.10 to 13 a €a1$6 case. has'bam; foistéd upon L116 pmitionm‘s, “ I hava heard the learned couesel fo‘r the. parties, It i3 aclmiited positon that after investigation the charge sheet has already been filed against the petitioners for cemmiseien of offence ‘xlnéer Sections 498A, 506—B read with Section 34 of the IPC and same is pending tyial before the. Court of Judicial Magistrate First Clase, Bilaspur. The grounds on. which the pow it under Article 226i227 of the Constitution of India can be exercised to quash the criminal proceedings are; {1) ‘Where the allegations made in the FIR or complaint, even if they aie taken at their face value and accepted in their entirety t o not prima-facie constitute any offence or make out a case against the. accused (2) Where the tin—con roverted‘allegations made. in the FIR or complaint and the evidence collected in support of the same do not disclose 'the commission of any offence and make out a case against the accused (3) Where there is an express legal bar engrafted in any of theprovisions of C )de of Criminal Procedure or the concerned Acts 'to‘the in titution and continuance of the proceedings and where the Court is required to see whether prima—facie offe ce is made out. against. the accused by accepting th alleged facts in. FIR in their f» a 0 mmqim n... ”nun... W36 , ’ mzoo 311331m (W) r mmmamzr ’L‘... If prima—fame Offs to x 100k sufficimlcy and adequate. Maticulous Scrutinv and dis in the complaint is ‘not 31€C6$ On thE abova principls, case in hand, it iS admit N WWI¥WW , $a§wamm ' nee ia disclosed then Court is the enuretv. 110t rEIquired to veracity, 111 the t0 P€tit hartiaflier, ihey Startad msk complaint (Annaxura 13-4 0.10 0.1O was married t a N S w m laws to tho tuna of Riyal, Rs.80,000 Aftor marriag€ $116: was admittod in Apollo l her husband usod to ask parents for the. treatment of that on account of expen‘dit condition of her father is nc not able to meet the demanc of her husband i.e. petitioner No,1’ herein. On this petitio er No.1 {'35 No.2 herein started mishehaving an'd torturing her mentally 85 physically. Petitioner No.1 started returning in night after consuming liquor and thereafter, he llSecl to. beat her and demand herein befo re thti tation Civi1 Lines, Bilaspux ag marri€d to patition‘er ’1‘ arriag€ 1161‘ father gave do fu ruituro worth Rs.60,@00/-, C x with the allegations that she ‘o.1 on 22.5.2oofand in the wry on the demand of her in— 0,000/- cash, ’10“ tolas gold) and othe r her mother—'indaw fell ill and lospital, Bilaspur, upon which :1er‘to bring monoy from hor his mother. When she replied ire in their marriage financial t good and therefore, she was Sn'T-‘Sf2005 - 29.000 reliabilitv, proof of alleged facts. closure of all the ingredients S ELYV . if we look into the facts of the ted position that. respondent ioner No.1 on 22.5.2002 and ling peacefully. On 19.4.2008 ) ‘ni'as lodged by respondent tation House Officer, Police goods valuing m mq'i'm .... emum (WE) ,g’ money. P€titi0ner No.1 115E Saying that at {116 time of In; gomis vahling Rs. 2,00,000; Wsre not met£ with, therefz EV€11 shr: was; forcad to C0113 used 'to treat her cruelly on account of which‘her healtht v‘hich in the month of October, she informed behaviour of har husband, staried failing pain in fhE cams and took her to hm p when she got her Bxaminad 1 informed that she is progné No.1 gtarfad proasurizing h‘ Dr. Mitra aSked hor 111mb; abortion On this her hus? 11(31‘ to take pills for abortiox tho bills both of them stai , her Eo Sign. on divorce pap ’ she Will not go for abortio Th‘eV have eVen snatched th not to talk with the pare Vigilance on her. On 14.4.1 laws houSe along with h husband started scufiling W l from the house‘ 7 111200 . ....... m mam ‘ ammarm mmmaanéa WW#W‘W $Wanést d to .take her Whole Salarv bv u‘riage Rs.2,50,000f— cash and. — were demanded, but same Ire, she has to give her salary. ume liquor and petitioner Noll Started (lateriorating. Upon ‘ 2002 h 6 r mother about the tortuoue after hearing this her mother :hest upoh which her brother hrental home. On l7. 12.2002 ‘rom Dr. Shikha Mitra) she. was nt, upon which the petitioner :1‘ to go for abortion, but even 11d hot to presstirize her for and and brothereiirlaw forced and wheh sherefnsed to take ted abusing her, pressurizihg 31‘s and. started saying that if i1 then she will be murdered. e mobile phone and asked her its and also started keeping :003 when she went to her in- :1‘ parents and brother, her lth her parents and ousted her On recei ing this complaint the police registered a oz se and after investigation & authorities 3"-":Sf2005 - 20,000 m§qf$ mam (W) mmwma __é itcmdiug 0f Evldmlce fiic court below. During invast evidence of mspoild (int No. No.10 1'.€. respondant No. 11 No.10 is. I‘Espondmlt No.1 haw: stated’about ”(11:2 dams ill treatmmlt and crugity mt At. thiS Stage, whqn k against the 136titio11€rs and E madE in tlm statemEnts allegatians lev€1lad 111 tha veracity and rsliability, bf into; It is; not a cas‘e whera or complaint,‘€ve:‘1 if thEy a accap’md in entiraty do 11 aff€11c€ or make out a ca Tharafors, nun... “200 Wmwwm wwmst / Ihel‘cha?g‘e”_'$E ee‘t neiore The. Lgation £he police. recorded the i.O .herself, father of reepomdent 3 herein and brother respondent persons charge sham haS I am of the patitio’ners hava 110T, besn quashing o charge she investigation for. commissi 498A, 506-8 head with S€ct As r 1 far a$ tha ques authorities for Ire gisteri respondents; coecerned x111 concerned, as per averment the petition the petitioners .4 herem. In the evidence they nd 0f dowry by the petitioners, ted with ihe petitioners. eh'eving the evidence of‘above iready been filed by the police in viewiof the; above allegations‘ of these pereons primevfacie complaint are established, the alleged facts cannot be looked the allegations made in the FIR re taken at their face value and ot prima facie consatitute any tse against the said pereons. considered opinion' that the able to make out a ease for 3t filed against them after on of offence under Sections on 34 of the IPC. tion of directing the police ng the case againat the ler the appropriate offence is s made in Paragraph No.5. 17 of have already filed a complaint évwsmoos - 20,000 mamiai 211200 n-n-u-u-unu-nu. mammalfaaa) mmmswéa » WW#WW ‘ ~7’ aiWanéal ‘IICC under Section 110, 384, 452, 464, 468, 469, 471, 478, 500, 506B &‘511 {3) of 1km; IPC in the Court of C11i€f Judicial Magistrats, Bilasgur, who has‘ Vick! order dated 19.7.2003 ordarcd for mgistration of H16 cam: and inve3tigation and aftEr invEstigation final mpdrt has b6€§i filsd by the police. authoritieS in that caS€., Howevar, if thg p€titidners are fealing aggriavad by the said rsport then thgy may 1316 a prot€st pétition béfom thé court cmlcerned and take ths furtlmr rscoursm of law as available to them under tha Cedé of Criminal Procedura, but at thiS stagE 110 diraction can b6 iSsued for furthm“ inwastigatioll of 1:116 mattm‘. ’ In View of foregoing r6a30ns, I am of tha opinion that the: pt‘tition has no forco, samo is iiablé‘. to ‘bc dismisoed and accordingly, it is dismissod at tho admission stago itsolf. K ‘ Sd/— L.C‘Bhadoo Judge . iél"-"r5$l2005 - 20.000 3:; ya? w .Sb