PERVEZ HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The only question in this case is whether a second complaint petition on the same facts would be maintainable when the allegations in the first complaint petition has been disbelieved and the complaint itself has been dismissed?

(2.) In the first complaint petition, the allegations were that the Petitioner No. 1 Pervez Hussain was married on 4.4.2000 with the complainant according to the Muslims rites and custoMs. After her marriage, she remained with her brother till May, 2003. However, she wanted to reside with her husband in her in-laws house, she was not accepted and not permitted to live with them. The complainant lodged a protest before the Human Rights Commission, New Delhi, it is alleged that when the accused persons learnt of her action, they came to her house on 31.12.2003 and assaulted her. The main thrust of the allegations is that except her husband, nobody in the family accepted their marriage.

(3.) An enquiry was held and after that enquiry, the Court came to the conclusion that the allegations in the complaint are completely false and the complaint petition was dismissed. The order dismissing the complaint petition was challenged by the Opposite Party No. 2 by filing a revision in the Court below. While considering the revision application, the statement on S.A. and the letter written to the Human Rights Commission, New Delhi, it came to light that in fact Pervez Hussain had never married the complainant. The Nikahnama produced by the complainant had blank columns and there was No. proof of marriage at all. In the letter written to the Human Rights Commission, it transpired that the complainant was working as maid-servant in the apartment attached to the apartment of the accused persons. It is submitted that in order to induce the Petitioner No. 1 to marry her, she had filed this complaint case. It appears that the Court below then dismissed the revision application.