STATE OF ORISSA Vs. SHARAT CHANDRA SAHU

JUDGEMENT

(1.) - Respondent No.1 is the husband of respondent No. 2 who made a complaint in writing to the Women's Commission setting out therein that respondent No.1 had contracted a second marriage and had thus committed an offence punishable under Section 494, I.P.C. It was also alleged that ever since the marriage with her, he had been making demands for money being paid to him which amounted to her harassment and constituted the offence punishable under Section 498-A. I.P.C. for which respondent No. 1 was liable to be punished.

(2.) The Women's Commission sent the complaint to the police station where G. R. Case No. 418 of 1993 was registered against respondent No. 1. The police investigated the case and filed a charge-sheet in the Court of Sub-Divisional Judicial Magistrate, Anandpur, who, after perusal of the charge-sheet, framed charges against respondent No. 1 under Section 498A as also under Section 494, I.P.C.

(3.) Aggrieved by the framing of the charge by the Sub-Divisional Judicial Magistrate, Anandpur, respondent No. 1 filed a petition (Criminal Misc. Case No. 1169/94) under Section 482 of the Code of Criminal Procedure (for short, Code) in the Orissa High Court for quashing the proceedings and the charges framed against him. The High Court by its impugned Judgment dated 3-5-95 partly allowed the petition with the findings that since respondent No.2 had not herself personally filed the complaint under Section 494, I.P.C., its cognizance could not have been taken by the Magistrate in view of the provisions contained in Section 198(1) of the Code. Consequently, the charge framed by the Magistrate under Section 494, I.P.C. was quashed but the charge under Section 498-A, I.P.C. was maintained and the petition under Section 482, Criminal Procedure Code to that extent was dismissed.