Krishna Bai vs Judicial Magistrate Ist Class, Fazilka

R.L. Anand, J.

This petition has been directed against the order dated 6.5.1996 passed by the learned Judicial Magistrate Ist Class, Fazilka whereby he imposed a fine of Rs. 50/ upon the petitioner with further directions that in default of payment of fine the petitioner would undergo simple imprisonment for 3 days.

Brief facts of the case are that Smt. Krishna Bai submitted one application to the court concerned through post. The learned Magistrate became little bit offended. According to the learned Magistrate no institution could be made of any proceedings by post. Therefore, the petitioner Smt. Krishna Bai was ordered to be summoned. Learned Magistrate came to the conclusion that by submitting the said application, Krishna Bai had obstructed the functioning of the Court falling within the meaning of Section 228 IPC and therefore, it was a fit case to proceed against her under section 345 Cr.P.C.

Not satisfied with the explanation submitted by the petitioner, the learned Magistrate imposed a penalty of Rs. 50/ as stated above.

This Court has the occasion to go through the offending letter dated 22.2.1996. For the sake of gravity I would like to incorporate the contents of this application verbatim:

"1. That the marriage of the applicant took place with the respondent about 56 years back and she was performing her duties as a wife. Out of the wedlock, a daughter was born, who has since died. No other child was born out of wedlock.

The first child was born about 3 years back and thereafter, no other child was born. On account of not bearing another child, the respondent, his mother and his brothers started threatening the applicant that they will liquidate the applicant and perform the second marriage of the respondent. About 2 months ago, the applicant was turned out of the house after giving severe beating in her 3 clothes and she was threatened that in case she tries to come back she will be killed. Under compelling circumstances, she came to her parents, house and is living with her parents since then.

When the applicant went to the fields to ease on Tuesday evening, she saw respondent sitting by hiding himself in the crop. He ran after the applicant to kill and the applicant raised noise. After hearing my noise, my brother Gian Chand and Gurmel Singh came on the spot and saved my life from the respondent. While going he threatened that she saved herself today and she would be killed as and when they get another chance. I am apprehending a danger to my life from the respondent. I respectfully submit that my life be protected as I am having an apprehension to my life in the hands of the respondent. The application be kept in the record so that it could be used in case of any need. I shall feel obliged."

A perusal of the above would show that Smt. Krishna simply made a grouse to the Court that she apprehended danger to her life at the hands of her husband Darshan Singh alias Darshan Lal. By just making a complaint against her husband in order to get some support of the Court, this Court fails to understand how the act on the part of the petitioner amounts to obstruction in the judicial proceedings. Sometimes we forget that peoples approach the courts to have our sympathies. Instead of extending sympathies we take a different meaning. The matter could be stopped at the very initial stage by just persuading the applicant Smt. Krishna Bai that it might not be proper on her part to write such application to the Court, rather she should have approached at some other quarters in case she is not satisfied from the part of her husband. Be that as it may, this Court is of the opinion that the contents of the letter Annexure P.1 never intended to obstruct the judicial proceedings. By imposing a penalty of Rs. 50/ an injustice has been done to the petitioner calling interference on the part of this Court.

Resultantly, the impugned order dated 6.5.1996 is hereby set aside. The fine if realised may be returned to the petitioner. No order as to costs.