AMINA BEGUM Vs. ALI KHAN

JUDGEMENT

(1.) Heard learned counsel, Mr. U.P. Chaliha for the petitioners and learned counsel, Mr. G. Uddin for the respondents. This is an application, filed under Section 482 of CrPC as well as Section 397 read with Section 401 of CrPC, challenging the order, dated 21.04.2009, passed by learned Judicial Magistrate, First Class, Hojai, Nagaon, Assam, in Case No. CR 101 of 2009.

(2.) By the impugned order, learned Magistrate has taken cognizance of offence punishable under Section 457 of IPC on the basis of a complaint filed by respondent No. 1, Md. Ali Khan, herein, who is the husband of petitioner No. 1, herein, Musstt. Amina Begum. The impugned order passed by the learned Magistrate reads thus--

(3.) As prescribed under Section 190 of the Code of Criminal Procedure, a Magistrate is to take cognizance upon receiving a complaint of facts which constitute the offence or upon a police report of such facts or upon information received from any person other than a police officer, or upon his own knowledge. The Magistrate is not required to examine the complainant and his witnesses before taking cognizance. Simultaneous examination of the complainant or his witnesses, however, is not barred.