SRI PADUMI DAS & ORS. Vs. BIBHASHREE DASS

JUDGEMENT

(1.) WITH the help of this application, made under Section 482, Cr.PC, the petitioners, who are accused in Complaint Case No. 23/2008, have sought for setting aside and quashing the order, dated 16.05.2008, passed by the learned Sub -Divisional Judicial Magistrate (M), Pathsala, directing issuance of process against the accused -petitioners and also issuance of warrant for search and seizure of the properties, which the complainant had alleged to be her stridhan. None has appeared on behalf of the parties concerned.

(2.) WHILE considering the present application, it needs to be noted that a complaint was made by the opposite party herein, namely, Smt. Bibhashee Das, wife of Rajib Das, her complaint being, in brief, thus :

(3.) WHILE considering the present application, it needs to be noted that taking of cognizance of an offence, under Section 190 Cr.PC, is different from issuance of process. A process cannot be issued against a person, named in a complaint as an accused, unless the Magistrate examines, in terms of the provisions of Section 200 Cr.PC, the complainant. It is only in certain circumstances that the complainant's examination, under Section 200 Cr.PC, has been dispensed with by the legislature. This becomes evident if the provisions, contained in Section 200 Cr.PC, are carefully looked into. For this purpose, Section 200 Cr.PC is reproduced below: