R P SHARMA Vs. STATE

JUDGEMENT

(1.) This revision petition has been brought under Sections 397 & 401 read with Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') seeking quashment of the order dated July 22, 1982, of a Metropolitan, Magistrate, New Delhi, by which the preliminary objections raised by the petitioners to the maintainability of the complaint filed under Section 4 of the Dowry Prohibition Act were negatived.

(2.) The learned counsel for the petitioners has urged that the complaint was barred by limitation having been presented beyond one years of commission of the offence and secondly, earlier the complaint was stayed till proper sanction was to be obtained and no consent of the Magistrate had been obtained under Section 300(5) of the Code for presenting a fresh complaint and thus, the said complaint was not maintainable. Lastly, it has been urged that the Magistrate had not given any sound reasons for condoning the delay made in filing the said complaint.

(3.) Smt.Nirmlesh Bhardwaj had made a complaint to the police in which she made allegation that she was married to Anil Bhardwaj on January 30, 1979 and two hours to the marriage ceremony Anil's father Shri R.P. Sharma alongwith other accused had made a demand of scooter or Rs. 6000.00 in lieu of the scooter to be given in dowry but her father expressed his inability to meet such a demand and assured that be would meet this demand later on and the marriage was performed and thereafter. Anil Kumar and his parents harassed the complainant for, bringing less dowry and for not meeting the demand of scooter or in lieu thereof payment of Rs. 6,000.00 It was alleged that as the said demand for dowry was not met Nirmlesh complainant was turned out from the house by the said accused on March 12, 1979. After taking necessary permission from the Magistrate under Section 155 (2) of the Code, the police had investigated the case and had filed a complaint in the court but during the trial it was found that the sanction which was a pre-requisite in filing the complaint under the Dowry Prohibitition Act before amendment of the Act was not obtained in a proper manner. The complaint was stayed to enable the police to obtain the necessary sanction