COURT ON ITS OWN MOTION Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) A petition was filed under Section 156(3) Cr.P.C. by complainant Reena Devi before the Judicial Magistrate 1st Class, Jogindernagar, who passed an order on 6.8.2012, that there are no specific allegations of wrongful restraint and as such, the said complaint was dismissed. A complaint was made by some Mahila Mandal to the Hon'ble Chief Justice. Record was called from the Judicial Magistrate. Thereafter, cognizance was taken by this Court as 'Court on its own motion' and notice was issued to the State as well as the Deputy Commissioner. The State of H.P. filed reply and has mentioned in the preliminary submissions that the matter was got enquired into through the Additional S.P. and he submitted his reports vide Annexures R -5 and R -6. Thereafter, statements of the complainant and respondent No. 4 was also recorded during investigation by the Addl. S.P. The main allegations made by the complainant were that she got married to one Balak Ram and her father, namely, Mohinder Singh, had some objection with regard to the said marriage. Therefore, the complainant lodged the complaint at Police Station Padhar against her father Mohinder Singh. The marriage had allegedly taken place about 14 years ago. On inquiry by the police, no cognizable offence was made out and this fact was also enquired into by the Addl. S.P. that no police officials had misbehaved with the complainant and the allegations made by her were not substantiated from the evidence led by her including her own statement. The complaint was also got enquired into by the Deputy Commissioner, which was investigated by the S.D.M. concerned and no substance was found in the assertions made by the complainant.

(2.) ON perusal of both the reports, allegations made and the impugned order passed by the Judicial Magistrate 1st Class, it appears that it is a family dispute, in which the father is raising objections to the marriage of his daughter, which had already taken place long before. Therefore, no further action is required by this Court and in case, the complainant is aggrieved by any specific action of her father of giving threats, she is at liberty to file appropriate report to the police, who shall take cognizance, in view of the allegations made by the complainant. If specific allegations are made in regard to the giving of threats, the police shall take cognizance in accordance with law. No further action is required on this complaint, which be closed accordingly. Record, if any be returned.