PRAMILA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal has been preferred by the Appellants against the Final Judgment and Order dtd. 9/3/2022 (hereinafter referred to as the 'Impugned Judgment') [2022:JHHC:9512] in Criminal Miscellaneous Petition No.235 of 2017 passed by the High Court of Jharkhand at Ranchi (hereinafter referred to as the 'High Court') by which the High Court set aside the cognizance Order dtd. 13/6/2019 passed in connection with SC/ST Case No.08 of 2017 arising out of Argora P.S. Case No.385 of 2016, by the learned Additional Judicial Commissioner-XII, Ranchi (hereinafter referred to as the 'Additional Judicial Commissioner') and remitted the matter for passing order afresh.

(2.) Respondent No.2 (Informant) claims to be the second wife of one Vishnu Sahu (Deceased). Appellant No.1 is the first wife of Late Vishnu Sahu, and Appellants No.2 and 3 are their children. It was alleged that the deceased posing himself as unmarried about 25-30 years ago befriended Respondent No.2 and married her in 1990 at Jagannath Temple under Hindu customs and traditions and lived peacefully for more than 26 years. From their marriage (Vishnu Sahu and Respondent No.2), three children were born, namely Reshma Kumari, Rupa Kumari, and Vishal Kumar. It was pleaded that after 26 years, Respondent No.2 filed a written complaint against Vishnu Sahu and the Appellants which culminated into First Information Report No.385/2016 dtd. 27/11/2016 (hereinafter referred to as the 'FIR') under Ss. 498A, 406 and 420 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') and Sec. 3(1)(iv) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'SC/ST Act').

(3.) The allegations made in the FIR are that Vishnu Sahu posing himself to be unmarried, performed marriage with Respondent No.2 in 1990, and two daughters and a son were born to them from the said wedlock. By taking a loan in her name from a bank and at her expense, a pakka house was constructed upon the land purchased by her father in her name, and she was living in the said house with her family. She also alleged that Vishnu Sahu along with the first wife and the children, born from wedlock of Vishnu Sahu and his first wife (Appellant No.1) started to harass and assault her and ultimately, in the year 2013, she and her children were ousted by them from the said house. It is further alleged that she has been deprived of her land and house, that she is facing hardship, her daughters are of marriageable age and that she was humiliated and abused by Vishnu Sahu, his first wife (Appellant No.1) and their children in the name of Adivasi Kol. Bhurung, etc.