Jharkhand High Court
Tarun Mishra vs The State Of Jharkhand on 1 October, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 422 of 2024
1. Tarun Mishra, son of Vijay Mishra
2. Vijay Mishra, son of late Raj Keshvar Mishra
Both residents of village Jai Stambh Kunkuri Main Road Kunkuri,
PO and PS: Kunkuri, Distt. Jashpur Chhattisgarh ... ... Petitioners
Versus
1.The State of Jharkhand
2. Saraswati Mishra @ Purvi Mishra, D/o Shyam Sundar Mishra, R/o village
Bano, PO and PS Bano, Distt. Simdega Jharkhand ... ... O.Ps
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CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Petitioners : Mr. Kripa Shankar Nanda, Advocate
For the State : Mr. Ajay Kumar Pathak, APP
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st
Order No.03/Dated: 1 October, 2024
IA No. 10780 of 2024
The instant interlocutory application has been filed on behalf of
the petitioners for grant of stay of the further proceedings in S.T. Case No.
206/2019 (Simdega Mahila P.S. Case No. 41/2018) pending in the court of
learned Chief Judicial Magistrate, Simdega.
2. The present revision application has been filed by the petitioners
for setting-aside of a part of the order dated 02/03/2024 passed by the learned
Additional Sessions Judge-1, Simdega, in Misc. Criminal Application No.
553/2023 arising out of S.T. Case No. 206/2019 (Simdega Mahila P.S. Case
No. 41/2018) registered for the offence under Sections 506, 498(A), 313, 323
of I.P.C. and under Section 3 and 4 of Dowry Prohibition Act, whereby and
where under the aforesaid learned court below has been pleased to refuse to
discharge the petitioner from the aforesaid case and has hold that the prima
facie case is made out against the petitioner for framing of charge under
Sections 498 (A), 323, 506 of I.P.C. and under Section 3 and 4 of Dowry
Prohibition Act, and remanded the case to the Court of learned Chief Judicial
Magistrate, Simdega, for framing of charge and the case is presently pending
in the court of learned Chief Judicial Magistrate, Simdega, for framing of
charge.
3. The learned counsel for the petitioners has submitted that though
marriage of the petitioner no.1 and opposite party no.2 was solemnized on
18.4.2018 as per Hindu rites and rituals, thereafter, the OP No.2 has joined
the matrimonial house. He has further stated that after some days the OP No.2
became ill and when she was taken to hospital on 19.5.2018 she was found to
be pregnant of eight weeks though the marriage was solemnized just three
weeks back and, therefore, the girl was sent back to her parental house and
OP No.2 has herself got aborted the child and a false case was filed against
the petitioners.
4. The learned counsel has further stated that the petitioner no.1
has filed an application on 25.7.2018 under section 12(4) r/w section 13(A)
of Hindu Marriage Act, 1955 before the Family Court, Jashpur, Chhatishgarh
for annulment of the marriage in which after noticing the OP No.2 has
appeared and admitted that on 01.07.2018 she has undergone sonography in
which it was found that she was carrying pregnancy of thirteen weeks and
six days. The learned Principal Judge, Family Court, Jashpur has annulled
the marriage of the petitioner no.1 and OP no.2 vide judgment and decree
dated 15.9.2021, hence, the petitioner no. 1 is not the husband. The OP No.2
has also filed an application under section 125 of the Cr.P.C. for maintenance
but same was rejected by the learned court below vide order dated 17 th July,
2023 on the ground that the marriage between the parties has been annulled
therefore she is not entitled for any maintenance, therefore, further
proceedings in S.T. Case No. 206/2019 may be stayed.
5. In view of above, further proceeding in ST No. 206 of 2019,
arising out of Simdega Mahila P.S. Case No. 41/2018, pending in the Court
of the learned C.J.M., Simdega is stayed.
6. IA No. 10780 of 2024 is allowed.
7. Meanwhile issue notice to the opposite party no.2 through
registered cover with A/D as well as by ordinary process for which requisites
etc. must be filed within three weeks.
8. Call for scanned copy of LCR.
9. Put up this case on 11.11.2024.
(Ratnaker Bhengra, J.)
KNR
