S G MALLIKARJUN Vs. ASHA

JUDGEMENT

(1.) THIS petition is filed for quashing of the proceedings in P. C. No. 38/02 on the file of C J M Bellary. The petitioners are the accused. The respondent filed a private complaint under Section 200 Cr. C alleging commission of offence punishable under Section 494, 494a and 3,4 and 6 of the Dowry Prohibition Act. The Magistrate referred the complaint for investigation under Section 156 (3) of Cr P. C. and after registration of the case in Crime No. 191/02 the accused were arrested. The said proceedings are challenged as illegal and seek quashing of the same.

(2.) THE facts reveal that except the offence punishable under Section 494 IPC rest of the offences are cognizable and could be investigated by the Police for launching the prosecution. The provisions of Section 198 of Cr P. C. mandates that the Court shall not take cognizance of offences relating to Chapter XX of the Indian penal Code except upon a complaint by the aggrieved persons or the relatives with the leave of the Court under special envisaged circumstances. Section 494 IPC is one of the offences contemplated under Section 200 of Cr P. C. The word "complaint" is defined under section 2 (d) to mean any allegation made orally or in writing to a magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. In that view, an offence under Section 494 IPC has to be prosecuted by the private complainant by following the procedure under Section 200 Cr P. C. and the provisions of the Code do not admit registration of crime and investigation of such crime by the Police.

(3.) THE other offences namely punishable under the Dowry Prohibition Act could be investigated by the Police for launching a prosecution but in view of the allegation of commission of an offence punishable under Section 494 IPC, the Police will not have jurisdiction to investigate the crime in question and the prosecution shall be only by way of private complaint.