DINESH KUMAR Vs. RASIK BIHARI JOSHI

JUDGEMENT

(1.) COUNSEL for the petitioner has raised a question that the respondent No. 1 Rasik Bihari Joshi had no right to file a complaint for the offences under Sections 494/120-B, Indian Penal Code. Learned counsel for the petitioners submitted that for the offence under Section 494, Indian Penal Code complaint can be lodged by the party aggrieved. Respondent No. 1 Rasik Bihari Joshi being the father of the party aggrieved, i. e. Manjulata, has no right to file complaint under Section 200 of the Code of Criminal Procedure (for short, the 'code' ). Learned counsel for the petitioners further submitted that under the provisions of Section 198 of the Code the complaint can only be filed with the consent of the wife.

(2.) IT is alleged that the petitioner No. 1 Dinesh Kumar has married with Shushila Bai (Petitioner No. 1 in Misc. Cri. Case No. 204/98) during the subsistence of his marriage with the daughter of the complainant-respondent No. 1 Rasik Bihari Joshi.

(3.) THE question involved in this case is whether the father of the aggrieved party can file a complaint for the offence under Section 494, Indian Penal Code.