K U MARIAMBI Vs. P A ABDUL KHADER

JUDGEMENT

(1.) THIS revision petition is filed by the wife of the respondent under Section 397 r/w 401 Cr. P. C. to set aside the order dated 9/3/2004 passed by the J. M. F. C. Madikeri, in P. C. No. 170/2003 and to direct the said Court to take cognizance of the case.

(2.) BRIEF facts of the case are that the marriage of the petitioner was performed with respondent on 11-12-1988 at Bavali village, edapala Post, Madikeri Taluk, Kodagu Dist. On account of the alleged harassment, she filed a Private Complaint No. 170/2003 for an offence punishable under Section 498 (A) and 506 IPC r/w Sec. 3, 4 and 5 of dowry Prohibition Act. The learned Magistrate referred the matter under Section 156 (3) of Cr. P. C. for investigation. After investigation 'b' report came to be filed by the Investigating Officer which has been challenged by the revision petitioner before the Magistrate stating that it is a false report. After recording the evidence, the Court below held that the Court cannot come to a conclusion that the respondent has committed an offence and the amount if any received by the respondent is only a financial help. Even if he has agreed to repay the same, it will not become dowry and therefore, he dismissed the private complaint filed on the ground that there is no prima facie case to take cognizance and dismissed the same. Therefore, assailing the said order, the petitioner has come up with this revision petition mainly on the ground that the offence alleged under Section 506 (2) is a grievous offence and when there is a sufficient allegation made in the complaint filed by herd under Section 200 Cr. P. C. before the Magistrate that it is a case of dowry, instead of taking cognizance and recording the sworn statement, the Magistrate referred the matter for investigation under section 156 (3), which is illegal and therefore, procedure adopted by the Court below is barred by provisions of Section 198 (A) of Cr. P. C. and no summons have been issued to the witnesses of the petitioner. Hence, this revision petition.

(3.) HEARD the arguments of the Learned Counsel for the revision petitioner and the learned counsel for the respondent.