BHUPENDRA KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this writ petition (criminal) challenging the FIR dtd. 14/12/2020 registered in connection with Crime No.239 at Police Station Bhanupratappur District Kanker for commission of offence punishable under Ss. 498-A, 506-B, 34, of IPC and Sec. 4 of Dowry Prohibition Act, 1961.

(2.) The brief facts as projected by the petitioner are that the respondent No.4 is wife of the petitioner, she made complaint to the Chhattisgarh State Women Commission Raipur (in short Commission) mainly contending that the petitioner is harassing her, committing unnatural sex with her and tortured her for dowry. She was physically and mentally tortured and even she has been given threat to kill by the petitioner and his parents. It has been further contended by respondent No.4, the mother-in- law of the petitioner is always harassing her she was abusing, pressurized her not to conceive pregnancy as such she was given medicine to prevent the same. The act committed by the petitioner and his family members falls under Ss. 498-A, 506-B, 34 of IPC and Sec. 4 of Dowry Prohibition Act, 1961.

(3.) The petitioner has filed this petition wherein the Commission was not arrayed party in this case, therefore, this Court was directed the petitioner to make party to the Commission as respondent because authority and jurisdiction of the commission has been assailed by the petitioner. In pursuance of order dtd. 9/6/2021 passed by this Court, "State Commission for Women" has been arrayed as respondent No.1-A before this Court. The learned counsel for the petitioner has further amended the petition, made certain averments as well as challenged the order dtd. 2/12/2020 and letter dated (Annexure P-1A) wherein it has been contended by him that Commission respondent No.1A has no authority to pass the order dtd. 2/12/2020 and has also no authority to issue direction to register FIR, as same would amount to judicial power and cannot be exercised by the Commission.