ABDUL JAHANGIR Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioners are the accused persons in I.C.C. Case No. 47 of 1997 which merged with G.R. Case No. 274 of 1997 under the following facts and circumstances.

(2.) On 2-5-1997, Ashema Bibi, Opposite Party No. 2, filed the complaint petition registered as I.C.C. Case No. 47 of 1997 in the Court of J.M.F.C. Salipur. In that complaint petition, she made allegations against her husband Abdul Jahangir (petitioner No. 1) and the other petitioners regarding demand of dowry and ill-treatment and torture for not fulfilling the dowry demand constituting the offences under Sections 498-A/323/506/34, I.P.C. and Section 4, Dowry Prohibition Act. On that date, learned Magistrate passed the impugned order which reads as hereunder-"Order No. 1 dated 2-5-97: Complainant petition is filed through Advocate, Sri P. K. Kanungo and others. Register, Advocate for the complainant, stating that the complaint petition may be sent to O.I.C. Mahanga P. S. for necessary investigating treating the same as F.I.R. Heard. Perused the complaint petition. As it reveals that is a cognizable offence against the accused persons. The copy of the original complaint petition be sent to O.I.C. Mahanga P. S. for necessary investigation treating the same as F.I.R. and to submit F.F. to this Court on 9-7-97 as per provision u/S. 156(3), Cr. P. C."On 25-1-99, after completion of the investigation, charge-sheet for the above offences was filed in the case registered as G.R. Case No. 274/79 and on that date cognizance of those offences was taken by the learned J.M.F.C.With the above backdrop of facts in this application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') prayer of the petitioners is as follows :-

(3.) Mr. Sk. Aziz, learned counsel for the petitioners, canvassed two points in support of his aforesaid prayer, viz:-