The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 41 of 2018 1. Mala Devi ---------- 2. Ramesh Kumar Pandey @ R.K Pandey ----Petitioners -Versus- 1. The State of Jharkhand 2. Smt. Purnima Pandey ---------- ----Opp. Parties CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Petitioners For the State For the O.P. No. 2
Legal Reasoning
: Mr. Dilip Kr. Karmakar, Advocate : Mrs. Nehala Sharmin, Spl.P.P. : Mr. Awadhesh Pandey, Advocate ……… ORAL ORDER IN COURT …….. 14/26.04.2024 Heard Mr. Dilip Kr. Karmakar, learned counsel for the petitioner, Mrs. Nehala Sharmin, learned Spl.P.P. and Mr. Awadhesh Pandey, learned counsel for the O.P No. 2. 2. This Criminal Revision Application filed on behalf of the petitioners challenging the judgment dated 04.12.2017 passed by the learned Sessions Judge, East Singhbhum, Jamshedpur in Criminal Appeal No. 53 of 2017 by which the appeal preferred by the petitioner, has been dismissed by affirming the order dated 19.04.2017 passed by Ms. S.B. Kumari, Judicial Magistrate 1st class, Jamshedpur in C/1 Case no. 2422 of 2016 for the offence under Section 31 of the Domestic Violence Act, 2005. 3 It is submitted that the learned Courts below have committed illegality by passing the impugned judgment and order. It is submitted that the order dated 19.04.2017 has been passed by the learned Court below without hearing the petitioners. It is submitted that property belongs to the petitioner no. 1, Mala Devi and in support of the same, learned counsel for the petitioner has relied upon agreement for sale -1- dated 28.09.2007 executed between one Smt. Naroj Devi (i.e. First Party/Seller) on the one hand and Smt. Mala Devi i.e. the petitioner no. 1 (i.e. 2nd party/purchaser) on the other hand. It is submitted that there may be similar other property in the share household, but may not be the property in which at present, the opposite party no. 2 has been given occupation. It is submitted that in view of the Provisions of Domestic Violence Act, only the property which is in the share household of the parties can be handed over. It is submitted that learned Appellate Court below has committed illegality by dismissing the appeal. Hence, this Criminal Revision Application may be allowed. 4. On the other hand, Mrs. Nehala Sharmin, learned Spl.P.P. has opposed the prayer. 5. Mr. Awadhesh Pandey, learned counsel for the O.P No. 2 has submitted that the impugned judgment passed by the learned Appellate Court below and the impugned order passed by the learned Judicial Magistrate are proper and no interference is required from this Court. It is submitted that Opposite Party No. 2 has been subjected to torture and domestic violence and due to which, she was compelled to file this petition of domestic violence for saving herself and her school going children. It is submitted that the assertion of the petitioners is not correct to the extent that property does not belong to petitioner no. 1, Mala Devi exclusively, rather the properties is joint household of all the parties and hence no illegality has been committed by the Trial Court below as well as the learned Appellate Court below. It is submitted that even the report has been received, which was sent by the C.D.P.O to the Court below and in light of the report, the learned Judicial Magistrate, 1st class, Jamshedpur vide order dated 19.04.2017 has granted interim relief by directing the petitioners to provide two rooms along with kitchen etc. at the residence situated at Yashoda Nagar, Govindpur. Hence, this Criminal Revision Application is devoid -2- of merit and thus, this Criminal Revision Application may be dismissed. 6. Perused the Lower Court Records of this case and has considered the submission of learned counsel for both the sides. 7. It appears that the complainant-O.P. No. 2 had filed Complaint Petition bearing no. C/1 Case No. 2422 of 2016 against both the petitioners and one Rakesh Pandey, who is the husband of the Opposite Party No. 2 for committing the offences under Sections 12, 18, 19, 20. 21 and 22 of Protection of Women from Domestic Violence Act 2005. It has been stated that she was married with one Rakesh Pandey on 29.06.2007 whereas the petitioner no. 1, Mala Devi and petitioner no. 2, Ramesh Kumar Pandey @ R. K. Pandey are the mother-in-law and the father-in-law of the O.P. no. 2 respectively and she has been blessed with one son namely Samir Pandey, who has been born on 21.04.2009. However, the accused persons including petitioners committed torture upon her and even they used to assault her and sometimes they stopped to provide food to her and when they used to lock the kitchen, bathroom etc. She also stated that the petitioners got two Houses and Groceries shop in Gadra and source of income from rents more than Rs. 20,000/- and hence, she may be provided with accommodation, maintenance, health, education etc. for herself and for her minor son. 8. It appears that the petitioners had appeared and filed show cause before the Court below. 9. It also appears that even the report of Child Development Project Officer (in short C.D.P.O) dated 17.12.2016 had been submitted before the learned Judicial Magistrate, 1st Class, East Singhbhum, Jamshedpur and an enquiry was conducted and it reveals that the petitioners are having two houses i.e. one in Rahargora whereas the other in Yashoda Nagar, Govindpur and apart from, they have also got -3- two shops. 10. It also reveals from the report of the CDPO that the husband of the opposite party no. 2 namely Rakesh Pandey is residing in the house at Rahargora and he is silent about the other houses of the petitioners. 11. It appears to be matrimonial dispute. Although learned counsel for the petitioners has contended that the husband-Rakesh Pandey is living with the opposite party no. 2, Purnima Pandey, however, the said contention has been refuted by the learned counsel for the opposite party no. 2. Moreover, this is a question of fact and has to be decided by the learned Court below. Hence, at this stage, this Court refrains itself from giving any findings on the issue. 12. It appears from the fact that though there is specific assertion in the petition under the provision of the Domestic Violence Act that the petitioners are having two houses i.e. one in Rahargora whereas the other in Yashoda Nagar, Govindpur and the report does not reveal about the other house premises of the petitioners. 13. It also appears from the photocopy of the Agreement for sale dated 29.09.2007 that the petitioner no. 1, Mala Devi is claiming ownership by virtue of an agreement from one Naroj Devi and therefore, at best this property appears to be in the name of the petitioner no. 1, Mala Devi and petitioner no. 1, Mala Devi appears to be in possession of the property at Yashoda Nagar, whereas the report dated 17.12.2016 reveals that the petitioners are residing at Rahargora near Shiv Mandir. 14. It also appears from the order passed by the learned Appellate Court below that the appeal has been dismissed on the ground that the petitioners were not party in the learned Court below, which appears to be incorrect as the petitioners were party in the learned Court below and hence, the judgment passed by the learned Appellate Court is also not -4- sustainable in the eye of law on this count also. 15. Under the circumstances, the judgment dated 04.12.2017 passed by the learned Sessions Judge, East Singhbhum, Jamshedpur in Criminal Appeal No. 53 of 2017 and the order dated 19.04.2017 passed by Ms. S.B. Kumari, Judicial Magistrate 1st class, Jamshedpur in C/1 Case no. 2422 of 2016 are set aside in the interest of justice and the case is remitted back to the learned Court below i.e. Ms. S.B. Kumari, the learned Judicial Magistrate, 1st Class, Jamshedpur on her successor Court to decide afresh the petition of the opposite party no. 2 by taking a proper report from the Chief Development Project Officer, East Singhbhum, Jamshedpur and shall decide the case in accordance with law after hearing both the sides. 16. This Criminal Revision No. 41 of 2018 is allowed and remitted back with the observation mentioned above. Kamlesh/Avinash (Sanjay Prasad, J.) -5-