RAMBHAROSE Vs. STATE OF MP

JUDGEMENT

(1.) THIS application under section 482 of CrPC is directed against the order passed by learned First Additional Sessions Judge in Criminal Revision No.9/2015 dated 1.4.2015 by which learned Additional Sessions Judge confirmed the order passed by the JMFC, Mandsaur in Criminal Case No.3003/ 2014 dated 13.11.2014 by which, learned JMFC framed charges under sections 341, 294, 323/34 and 506 part -2 of IPC.

(2.) ACCORDING to the prosecution, the prosecutrix was resident of village Akyaumaheda. She was married to one Rambharose s/o Ramnarayan Mali, who is also resident of the same village. She has one son and one daughter out of the wedlock. After marriage, her husband and father -in -law started using abusive language against her and subsequently, she was driven out of the house by them. She filed an application for maintenance and also an application under the Domestic Violence Act against the present applicants. On 26.9.2014, the complainant and her mother was going to their fields, when the accused Rambharose and his father Ramnarayan came there on motorcycle and stopped them and started using filthy language against them. They also threatened her to withdraw the application from the Court. They pulled her hair and accused Rambharose slapped her. Before going away, they threatened them that if they do not withdraw the application, they would kill them.

(3.) AGGRIEVED by this order, present application is filed under section 482 of CrPC on the ground that no case is made out against them in any of the sections under which charges were framed. In the charge under section 294 of IPC, their objection is that the incident did not take place at public place and also, no specific words were mentioned in the FIR and for which, they have placed reliance on the order of Co -ordinate Bench of this Court in the case of Sobaran Singh v. State of M.P., reported in 1962 JLJ SN 135. In that case, the Coordinate Bench of this Court held that the words ''Sala and Behanchod ' are commonly used in colloquial language without a literal significance being attached to them. The use of these words would not come within the purview of section 294 of IPC, which requires the use of obscene songs, balled or words, in or near any public place. In that case, the accused used the words "Sale Behanchod Pankhon ke Neeche Baithe Rahate Hain However, in that case, the words were not addressed to any particular person and in peculiar facts of that case, words were used without meaning them.