BABRUBAHAN SUNA & ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application under section 482 of the Criminal Procedure Code, 1973 has been filed by the petitioners Babrubahan Suna, Bhagirathi Suna and Kulamani @ Kunal Suna challenging the impugned order dated 17.01.2007 passed by the learned S.D.J.M., Sambalpur in C.T. Case No. 813 of 2006 in taking cognizance of the offence under section 4 of Dowry Prohibition Act, 1961 (hereafter 'D.P. Act') and issuance of process against them. The said case arises out of Sambalpur Mahila P.S. Case No. 24 of 2006.

(2.) It appears that one Ramesh Bag lodged a first information report before the Inspector in charge, Sambalpur Mahila police station on 31.05.2006 against the petitioners relating to the commission of offence under section 4 of the D.P. Act and accordingly, Sambalpur Mahila P.S. Case No. 24 of 2006 was registered and after completion of investigation, charge sheet was submitted on 14.12.2006 under section 4 of the D.P. Act against the petitioners and the learned S.D.J.M., Sambalpur passed the impugned order.

(3.) Mr. Rashmi Ranjan Nayak, learned counsel appearing for the petitioners contended that the impugned order is not sustainable in the eye of law in as much as taking of cognizance of offence under section 4 of the D.P. Act on the basis of the first information report registered only under section 4 of Dowry Prohibition Act is not permissible and since there is no complaint, the order of taking cognizance is vitiated in the eye of law and therefore, the impugned order should be quashed.