Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10931 of 2012 ====================================================== 1. Vikash Kumar S/O Shri Someshwar Lal Resident Of 613-B, Lotus Apartment, New Patliputra Colony, P.S - Patliputra, Patna 2. Prabhash Kumar S/O Shri Someshwar Lal Resident Of 613-B, Lotus Apartment, New Patliputra Colony, P.S - Patliputra, Patna 3. Kamala Lal W/O Shri Someshwar Lal Resident Of 613-B, Lotus Apartment, New Patliputra Colony, P.S - Patliputra, Patna 4. Aruna Shree W/O Shri Vikash Kumar Resident Of 613-B, Lotus Apartment, New Patliputra Colony, P.S - Patliputra, Patna .... .... Petitioner/s Versus
Legal Reasoning
1. The State Of Bihar 2. Principal Secretary, Social Welfare Department, Government Of Bihar 3. Bihar State Women'S Commission, 1, South Bailey Road, Near Patna High Court, Patna - 800001 Through Its Chairman Ms. Kahkashan Parveen 4. Ms. Manju Kumari, Member, Bihar State Women'S Commission, 1, South Bailey Road, Near Patna High Court, Patna - 800001 5. Ms. Rekha Trivedi, Member, Bihar State Women'S Commission, 1, South Bailey Road, Near Patna High Court, Patna - 800001 6. Anupama Kumari D/O Binod Kumar Karn, House No.- 12, Road No. - 10, Near Gandhi Murti, East Patel Nagar, P.S.- Shastri Nagar, Patna - 800023 .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. T.N.Matin, Sr. Advocate with Mr Radha Mohan Pandey, Advocate For the Resp.No. 6 : Mr. Birendra Kumar Singh, Sr. Advocate with Mr. Ranjan Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 11 19-09-2013 Heard learned counsel for the petitioner and learned counsels for the Bihar State Women’s Commission and private respondent no.6. The writ application has been filed for a direction commanding the respondent-Bihar State Women’s 2 Patna High Court CWJC No.10931 of 2012 (11) dt.19-09-2013 2 / 5 Commission to refrain themselves to harass and torture the petitioners unnecessarily in case no. 202/2012 lodged before it on the application of respondent no.6 dated 16.2.2012 as on the same cause of action the respondent no. 6 had already filed Shastri Nagar P.S. Case No. 253/2011. The facts of the case need not be gone into in detail as it is a case of misbehaviour, as per respondent no.6, due to demand of dowry and torture committed by the petitioner No.2 and his family members whereas the reason for the despute, as stated by his petitioners, is the cruelty of respondent no.6. Be that as it may, the fact is that the petitioner no.2, who is the husband filed Matrimonial Case No. 481/2011 for divorce before the Principal Judge, Family Court, Patna which has been admitted by order dated 5.7.2011. The respondent no. 6 has also lodged Shastrinagar P.S. Case No. 253/2011 under Sections 341, 323 and 498A/34 of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act. She has also filed Maintenance Case No. 158(M)/2011 in the Court of Principal Judge, Family Court, Patna on 2.9.2011 under Section 125 Cr.P.C. The respondent no. 6 filed a complaint before the Bihar State Women’s Commission which was registered as 3 Patna High Court CWJC No.10931 of 2012 (11) dt.19-09-2013 3 / 5 case No. 202/2012 in which notice dated 9.4.2012 was issued to the petitioners. There are several allegations made in the writ application as to the conduct of the respondents including respondent no. 6 but in view of the order which I propose to pass, the same is not required to be gone into. Admittedly, the petitioner no. 2 at the very least appeared before the Commission and filed his reply on 9.5.2012 in which he annexed copy of the order-sheet of Matrimonial Case No. 481/2011, copy of order-sheet and petition of Maintenance Case No. 158(M)/2011 filed by respondent no. 6 and copy of the order of Cr. Misc. No. 12578/2012 of this Court which contained non-coercive order against the petitioners. It is the stand of the petitioners, relying upon the notice issued by the Commission itself, that no complaint is to be filed if the matter is subjudice before any Court. It is, therefore, submitted by learned counsel for the petitioners that the Women’s Commission ought not to have taken any further steps in the matter when the petitioners have filed the order-sheets of so many cases and stated the fact regarding pendency of the criminal case before the authorities of the police for investigation. The stand of the Commission in its counter affidavit is that in the absence of oral or documentary evidences 4 Patna High Court CWJC No.10931 of 2012 (11) dt.19-09-2013 4 / 5 with regard to the pendency of the cases between the parties, the Commission is bound to proceed in the case in accordance with the procedure and the matter is pending for final adjudication till the collection of the evidences on behalf of both the parties and after production of the evidences on behalf of both the parties, the
Decision
proceedings of Case No. 202/2012 will be disposed of/dropped in accordance with the procedure prescribed under the law. Allegations have also been made with regard to the conduct of the petitioner no.2 and his family members when the members of the Commission along with others had gone to the residence of the petitioners. The admitted position is that even in the police case the charge sheet has been filed. Learned counsel for the respondent no. 6 fairly submits that in view of the fact that charge sheet has been filed, nothing remains to be done in the matter since as per the notification of the Commission brought on the record by the petitioners, the investigations by the police are expedited and monitored by the Commission, and as charge sheet has been filed nothing more remains to be done by the Commission. Learned counsel for the Commission was unable to show as to how in view of the pendency of so many 5 Patna High Court CWJC No.10931 of 2012 (11) dt.19-09-2013 5 / 5 matters before the Courts of law, both on the criminal and civil side, any thing further remains to be done by the Commission in the matter. On a consideration of the entire facts and circumstances, this Court is of the view that the only function of the Commission applicable in the present matter is one under Section 10(e) of the Bihar State Commission for Women Act, 1999, that is, to take up all cases of atrocities against women in the State and violation of laws relating to women with the appropriate authorities. That being the position and the police investigation in the criminal case having been completed with the filing of the charge sheet and other matters being pending before the Family Court, Patna, it does not appear that under the statutory provisions anything more remains to be done by the Commission in the matter. The writ application is, accordingly, disposed of with the aforesaid observations. S.Pandey/- (Ramesh Kumar Datta, J)