ANANDT HIRAMAN GHATOLE Vs. NIRMALA DINESH HAZARA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard by consent of the parties.

(2.) Heard Mr Manoj Kumar Mishra, learned counsel for the petitioner; Mr. H Lingayat, for respondent no.1. I have also patiently heard respondent no.3, party in person, who is personally present and made submissions on his behalf as well as respondent no.2.

(3.) The petition questions the order as to issuance of process dated 25.3.2009 passed by learned first Judicial Magistrate, First Class Chandrapur in Complaint Case No. 129/2009. The facts of the case as they stand are these : It appears that one Sau. Nirmala Dinesh Hazara by occupation a teacher, resident of Shivaji Chowk, Chandrapur, lodged the complaint alleging that she had married with Dinesh Hazara, some 20 years prior to her marriage and have begotten two sons namely, Shreenath, aged about 19 years and Loknath, aged about 16 years out of the said wedlock. She is residing with her husband Dinesh since her marriage. The accused no.1 Anant Hiraman Ghatole (petitioner herein ) is son of her maternal uncle; while sister of accused no.1 was married with brother of the complainant Sau. Nirmala. Thus, accused no.1 was on visiting terms at the maternal house of the complainant. The accused no.13 got married with Purnima @ Aparna Madhav Sonbarase, some time in May, 2007. The accused No.2 Sau. Sangeeta Raju Sonbarase is the sister in law of said Aparna; while accused no.3 is the brother of Aparna. The accused nos. 2 and 3 are not acquainted with the complainant. But, according to complainant, both the accused nos. 2 and 3 hatched a conspiracy with a view to give mental and physical harassment to the complainant and to besmirch her reputation and defame her in the society, addressed a letter to the Headmaster in the School of the complainant on 29.7.2008 in which it is alleged that the complainant is married with accused no.1 Anant Hiraman Ghatole. As a result, the complainant suffered in her reputation and got severe mental tension. The accused nos. 2 and 3, it is alleged, made false and fabricated allegations with ulterior motive to cause harm to the complainant. Thus, they are also indicted so as to take appropriate criminal action against them to punish them for their offences. It is also the case of the complainant that when complainant made an enquiry with reference to letter sent from accused nos. 2 and 3 she came to know that the accused no. 1 Anant went to the maternal house of the complainant; and in cahoot with his sister obtained photographs of the complainant, went to the Office of the Sub Registrar, Nagpur and in the absence of the complainant misused her photographs to prepare false marriage certificate, misusing the complainant's material house name, Miss Nirmala D/o Maruti Chandekar to prepare a bogus marriage registration certificate. In fact, about this registration of marriage the complainant do not know anything but the matter came to the notice of the complainant because of the letter sent to Headmaster of School from accused nos.2 and 3 dated 29.7.2008. Thus, it is accusation from the the complainant that accused no.1 went to the maternal house of the complainant, collected her photographs and information, prepared bogus documents, misusing complainant's name of her maternal house prior to her marriage and created a bogus record of registration of marriage in order to serve his nefarious design and ulterior purpose, thereby lowering down the reputation of the complainant in society. Thus, the complainant sought action against the accused nos. 1 to 3 for offence punishable under sections 420, 468, 471, 500 read with section 34 IPC. The complaint was lodged on 23 rd February, 2009, which appears to have been verified by the complainant. It appears that complainant had also relied upon letter sent from Sangeeta Raju Sonbarase, addressed to the Headmaster of Acharya Kriplani Hindi Primary School, Chandrapur leveling accusations against the complainant to the effect that the complainant married with Anant Ghatole on 24.3.2003; when according to the complainant, she was attending her duties in above named school on that day at Chandrapur ; whereas it is alleged that Anant had married with Aparna on 9 th May 2007 at Nagpur in respect of which the complaint was lodged with Panvel Police and the case is pending in the Court of JMFC, Panvel with reference to Prevention of Domestic Violence Act. The complainant had also entered into the correspondence with the Superintendent of Police, Chandrapur and in communication dated 10.2.2009 informed about the alleged offences against her committed by the accused nos. 1 to 3 on the basis of false documents to misrepresent as if accused no.1 had married with the complainant while they are also alleging that accused no.1 had married with Sau. Aparna in May 2007. According to the complainant, accused no.1 who is maternal brother of the complainant, misused her photographs and documents collected from her parents' house, in order to prepare false and bogus documents for ulterior motive known to himself. It is also alleged that the accused nos. 2 and 3 wrote vulgar vituperative correspondence to the complainant's husband as well as at the place of her employment to defame her causing mental harassment. Furthermore, the accused no.1 and accused nos. 2 and 3 along with their relatives and cronies are making phone calls at the house of the complainant with a view to blackmail her. Thus, the Police Authority was informed by communication dated 10.2.2009 before the private complaint was lodged on 23 rd February, 2009. It also appears alleged that the6 complainant had issued notices to accused nos. 2 and 3 on 1 st October, 2008 through Advocate regarding the letters issued from accused nos. 2 and 3 on the basis of false and bogus documents with a view to blackmail her and demanding money from her. As a result, she is defamed and her mental condition has worsened to the extent that she was almost driven to the take an extreme step i.e. to commit suicide and, in that event, accused nos. 2 and 3 would be held responsible. The notice was also addressed to accused no.1 Anant Ghatole on 1.2.2008 regarding the alleged false and bogus documents in the nature of marriage registration certificate with a view to defame the complainant in the society. Thus, it appears that the exchange of correspondence took place. Notices through an Advocate were issued before the complaint was filed. It appears that the complainant's verification was recorded in which she stated that the accused no.1 had illegally prepared false document in connivance with accused nos.2 and 3 and the accused nos. 2 and 3 are relying upon such documents in order to enter into correspondence with the Headmaster of the complainant's school on 29.3.2008. Thus, she prayed for criminal action against all the three accused. It is the specific case of the complainant that she had married with Dinesh Hazara on 22 nd May ,1990 and as stated above, have two sons and is living happily with her husband and sons.