Iff— s IN THE HIGH COURT OF JUDICATURE AT BILAPUR fC.G.1 WRIT PETITION N0. <2:&8^/2004 [S.B.1 PETITIONER: Smt. Usha Sharma aged about 60 years Wd/o. late Shri Sudarshan sharma, R/o. LIG 185 Tatibandh, P.S.Mohwa Bazar, Raipur, Distt. Raipur [C.G.] RESPONDENTS: 1. 2. ..^€^ ^y^-'' h 5. 6. VERSU8 State of Chhattisgarh Through- Secretary Home D.K.8. Bhawan, Raipur. Superintendent of Police Distt. Dantewada, [C.G.] S.H.O. Kirandul, Distt. Dantewada Sanjay Sharma aged 32 years S/o. Shyam Lal Sharma. Sunil Sharma aged 35 years, S/o. Shri Shyam lal Sharma Sushil Saluja aged 46 years, S/o. not known, R/o. Jagmal Chowk near Gujrati Dharamshala, Tikrapara, Bilaspur [C.G.] Respondent No. 4 to 5 are residents of 19, recreation road Choubey colony, Raipur [C.G.] c^^- PETITIQN UNDER ARTICLE 226/227 OF CONTITUTION OF INDIA XI-HC-22 3TT^T'^T f<rii<=b 3?n^r $t)^t<^ <1^Ct •3T5? -41-41<y14, -S^PTS, facll^y Nl+«vll 9bN|ch Sff^T 'q^R ...^.te^J^M...M 200 fsre^r* 33[T§RT"^TTW «^^ ^^-09.2004 Shri H.V. Sharma, counsel f^ cbl^(<vl41'l l^lHdf ^ 1^1 ifa^K '^srf^PT 31T^T; ?r the petitioner. /yo (- pA.^-^-^ Shri Utkarsh Verma, Poinel L^wyer, for the State./v'rt h The petitioner, who is mo-^her of deceosed Hitesh Sharma, has preferred this writ petition unde^ Articie 226/227 of the Constitutipn of Indja for directing responden^ inyesti9ate the facts of the cpmpU Nos. 1 to 3 to register the case and pntof the petitioner. I have heard iearned cour^se! for the partje? at the oidmission stage, Brief facts ieading to f| petitioner's daughter namely Pree-tj No.4 in the ysar 1996. As per th] ling of this petltion are that the Sharma was married with respondent ^ aliegations in the writ petition after :ew months of the marriage resp{3ndent No.4 to 6 inciuding mother-ina iaw, father-in-iaw ^ sister-in-Iaw ^tarted ill-treating and subjecting to Upon this Preeti Sharma made crueity to Preeti Sharma for m^^ting their iilegal demahd of dowry. a compiaint to the Police Station Saraswati Nagar, Raipur, the p{)lice registered the offence under Sections 498-A and 506-B of Ind] fiied the charge sheet agdnst competent Court. Thereafter, res| an Penai Code and after investigation respondent No.4 to 6 before the )ondent No.4 to 6 started threatening and tampering the,petitioner, her husband/son, ddughter and one Smt. XI-HC-22 3?n^?T'^T (<Tii?b STI^T 5b^[cti <iRa 'S^t ^t^lH^I, ^^l^'Ko, fa^l^^ aniyr xra^? •WTOT'awW""""""""""" """"""W 20° ^5^T' 3^T ?^1TW^f^T -^ Vimala Chouhan. In this connectl made a complaint to the Su respondent No.4 to 6 threatenecJ pressurize Preeti Sharma to with^r the husband of the petitioner respondent No,4 to 6 continued the petitioner, on account of whi< After few days, the petitioner r^ son Hitesh Sharma; she made a| based on the suicidal note (Anne^ have not taken any action on the have not registered the case agd^ respondent Nos. 1 to3 be directe< the complaint made by the petitiohi Learned counsel for the pei of the Honsbie Apex Court report Mohlndro;. V, State of are bound to register the case petitjoner. But on facts, I am c help to the petjtioner herein loo As the son of l4ie,petitioner con <=r)Ni<nci [fepfrrTTR^Tf "^ fe^t iFai^x '^3Tf^FT3^[ )H petitioner's daughter Preeti Sharma erintendent of Poiice, Raipur that the petitioner's husband, her son to ^aw her complajnt, as a resuit of which ied due to shock, Thereafter, abo •o give threats and harass the son of he committed suicide on 03.05.2004. ^ceived a suicidal note written by her compiaint to Poiice Station Kirandui j)<ure Pm4)« But the poiice authorities complajnt of the petitioner even they ^st respondent No.4 to 6. Thsrefore, to register a case dnd inyestigate into r, |tioner argued that as per the decision <^d in AIR 2001 Suer@m©Court- 2113 ^r^ab & others/respondent No.l to 3 ?|ien th^ matter was reported by the the opinion that this authority is no u^9 ^° +11e facts of the present case. com4itted suicide but just after that the^ XI-HC-22 '3^? <r^ll<41d^l, ^'<l1^<i<o, fa^^y ^ 3H^T 'V^K Sn^r'^T f<rii<=h 3:n^?T $b*4ict^ <i[^a '"" ^ i j2o^fc%^ ^INCfll ^^^'————*••—•*<"*****'*'*'<*'^^ ',• r^:.': . • I^ST' 200 3TI^T'^TT^H: ^rfNV —^— petitioner hdd not lodged any haye been found in the house thel The petitioner has Gvaiiabie equa! redressing her grievances. The p^ before the concerned Judiciai Ma| the petjtioner and her witness order or if the Magistrate is ^ compbint for registration of th{ Section 156(3) of Cr.P.C. In view of the above facts the petitioner* Therefore, I am^ o" not maintainabie, it is iiabie to dismissed in iimine. <=hl^t<rl41r1 'RTR^ff ^ 1^3t <^<^K. '^3rf^R3TT^T com^ldnt, on!y when suicidai note said to petitioner has approached thepoiice. efficacious alternative remedy for |titioner is entitted to file a compiaint jistrate, who may either can examine ^nd thereafter, pass the appropriate (atisfjed then he ccn aiso send the i^ case and for inyestigation under ^nd aiternative rernedy is avaibbie to the opinion that this writ petition is |be djsmissed and accordingly, it is Sd/- L.C. Bhadoo Judge . ["^.'^Hi^' ^