CHANCHALA BARAJ Vs. BISHNU CHARAN BARAJ

JUDGEMENT

(1.) THIS revision has been directed against the order of the learned S.D.J.M., Kendrapara refusing to take cognizance against the opposite party under Sections 4 and 6 of the Dowry prohibition Act, 1961. So far as Section 4 is concerned, the impugned order discloses that the learned Magistrate refused to take cognizance being of the view that a Complaint under the Section could not be made except, with the previous sanction of the State Government or of such officer in the State Government may by general or special order, specify in that behalf. For the purpose, the learned Magistrate has relied upon Section 4 of the Dowry Prohibition Act. 1961 as it stood prior to its, amendment by Act 63 of 1984. By the amendment, the restriction on taking cognizance without the sanction of the State Government was removed. As such, the order of the learned Magistrate not taking cognizance for want of sanction has become vulnerable and is to be quashed. As regards the offence under Section 6 of the Act, cognizance has not been taken since the learned Magistrate was of the view that the father of the complainant, who is supposed to have given the dowry, has not been examined and hence a prima facie case was not made out. The complainant besides examining herself had also examined two other witnesses who were witnesses to the fact of the opposite party having received dowry. Since the evidence, of three witnesses was there, it was not permissible for the learned Magistrate not to take cognizance merely because the father of the complainant had not been examined. Law is too well settled that at the time of taking cognizance, a prima facie case is only to be seen and undoubtedly by the evidence of three witnesses on record such a prima facie case bad been made out. The learned Magistrate did not exercise his jurisdiction properly in the case.

(2.) IN the result, the impugned order is quashed and the case is sent back to the learned Magistrate who shall proceed with it in accordance with law.