NANJANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is the accused in C.C. No.286/84 on the file of the Metropolitan Magistrate V. Court, Bangalore City. The petitioner married the deceased Chandrakala in about 1982. On 23 -2 -1983 at about 9.30 p.m. she sustained burn injuries and three days later she died in the Victoria Hospital, Bangalore. On 25.2.1983 her statement was recorded by the Asst. Sub -Inspector of Police, Jivan Bimanagar Police Station Bangalore. On the basis of that at a case was registered under Section 307 IPC against the petitioner and investigation was taken up later, the investigation was taken over by the C.O.D. Bangalore. After completing the investigation, the C.O.D. police have filed a charge -sheet in the court below against the petitioner for offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short the Act) only as they found after investigation that Chandrakala had committed suicide.

(2.) THE learned Magistrate took cognizance of the offences, on the police report, and issued process against the petitioner accused. Hence this petition by the accused for quashing the proceedings.

(3.) ACCORDING to Section 7(b) of, the Act, as it then stood, notwithstanding anything contained in the Code of Criminal Procedure, 1898, no court shall take cognizance of any such offence except on a complaint made within one year from the date of the offence.