PRAMOD RANJANKAR Vs. ARUNASHANKAR S/O PRAMOD RAJANKAR

JUDGEMENT

(1.) The jurisdiction of this Court under Section 482 of Cr.P.C., 1973 has been sought to be invoked by the petitioners who are father and mother of respondent No.1 and father-in-law and mother-in-law of respondent No.2. The petitioners are stated to be aged about 89 years and 77 years. The order under challenge is dated 28.2.2018 passed in Criminal Revision No.1/2018 by the IVth Additional Sessions Judge, Durg whereby the order passed by the Judicial Magistrate First Class, Durg, in Criminal Case No.1382/2017 dated 06.10.2017 is confirmed.

(2.) The brief facts of the case are that the petitioners who are apparently Senior Citizens, aged about 89 years and 77 years had moved an application u/s 24 of The Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 (hereinafter referred to as the Act of 2007) against their son and daughter-in-law and complained before the police that they are subjected to torture, cruelty and misbehavior. The first informtion report shows that the complaint was made stating that after retirement they were living in the house owned by Petitioner no.1 along-with his son and daughter in law who is Ex-Serviceman and is presently working in Indian Oil Corporation and the daughter-in-law who is working as teacher in a school. It was complained that the daughter-in- law used to conduct tuition classes in the house and had forcibly encroached upon their plot and house. It is further complained that for the last 4-5 years they were isolated and driven to a corner of the house and further they were made to live in captivity in their own house. It was further complained that they have endured the violent pathetic atmosphere created by the respondents and they had also sustained utmost grief, pain and suffering. It was also complained that they were treated as dead alive and they were subjected to torture, ill-treatment and misbehavior/ manhandling committed by the son and daughter in law and eventually claimed for help.

(3.) The JMFC took the cognizance on the basis of said complaint and found that prima facie case is made out u/s 24 of the Act, 2007. The notices were issued to respondent 1 and 2 and while such proceeding was pending an application was filed by Petitioner No.1 seeking interim relief for eviction from the house. It was prayed that virtually they have been ousted from the house owned by them and though the report was made to the police for restoring possession but it has failed. It was categorically stated that disposal of pending criminal case which is registered may take some time, therefore, the son and daughter should be ousted from the house to protect the petitioners. The said application was dismissed by the JMFC on the ground that the eviction so prayed for is of civil nature, therefore, the application cannot be entertained and the same was dismissed.