HAFIJULLAH Vs. STATE O

JUDGEMENT

(1.) SHIV Charan, J. Heard learned Counsel for the applicant, learned AGA for the State and perused the entire facts of the case.

(2.) THE present application has been moved under section 482 Cr. P. C. for quashing the order dated 1. 9. 2007 passed by Judicial Magistrate Court No. 2 Bansi District Siddharth Nagar in Misc. Case No. 53 of 2007 Jumman v. Hafijullah under section 156 (3) Cr. P. C. for register of the case and investigation and learned Magistrate being satisfied with the averments of the application passed order for register of the case and investigation in the matter.

(3.) I have considered all the facts and circumstances of the case. It may be a fact that learned Magistrate has not mentioned in his order that a cognizable offence is made out against the applicants. But learned Magistrate passed the order after perusing the entire facts of the application and it has been alleged by the Magistrate in the order that after perusing the contents of application, it appears that the accused persons thrashed the victim for non-fulfilment of demand of dowry and she was subjected to cruelty mentally and physically and with this observation the application under section 156 (3) Cr. P. C. was allowed. And in my opinion there is sufficient compliance of that section. I have perused all the contents of the application moved under section 156 (3)Cr. P. C. And I am convinced from the contents of the application that prima facie a cognizable offence is made out. In an' application under section 156 (3) Cr. P. C. it is requirment of law that if cognizable offence is made out from the application then the Magistrate may pass the order for register of the case and investigation and learned Magistrate after being satisfied from the allegation of the application passed the order for register of case and investigation.