RAJESH KUMAR KEJRIWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The limited question on which the notice was issued is to the effect whether previous sanction is required to be taken from the appropriate authority before taking cognizance for offences under S. 3 and 4 of the dowry Prohibition Act of 1961. It appears that under amendment in the bihar Act IV of 1976, a proviso has been added under which it is necessary that previous sanction of the State government or of such officer as the State government may, by general or special order, specify in that behalf, should be obtained before initiating any prosecution under Section 4 of the Dowry prohibition Act, 1961. Such amendment was given effect to from 20/1/1976. The prosecution having been launched under Section 4 of the Dowry prohibition Act along with other offences on 2/3/1994, such prosecution under the Dowry Prohibition Act without sanction is not permissible. Cognizance of offences under Section 4 of the Dowry Prohibition Act is, therefore, quashed. It will, however, be open to the respondents to initiate proceedings under the said provision after taking appropriate sanction. So far as cognizance of other offences is concerned, namely, S. 323, 34, 387, 498-A and 506 of the Indian Penal Code, there is nothing on record to hold that cognizance was without jurisdiction. This appeal is accordingly disposed of.