YASH PAL BHALLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this petition under section 482 of the Code of Criminal Procedure a husband and his mother require this Court to quash a Criminal complaint preferred by the wife against them under sections 4 and 6 of the Dowry Prohibition Act as also under Section 406 of the Indian Penal Code. The first ground taken is that the Court has no jurisdiction to try an offence under section 406 of the India Penal Code between husband and wife on the ratio of Vinod Kumar Sethi v. The State of Punjab, 1982(1) C.L.R. 638.This point is conceded by the learned counsel for the respondents.

(2.) THE second ground taken is that sanction for prosecution under sections 4 and 6 of the Dowry Prohibition Act was granted by a Sub -Divisional Magistrate whereas the mandate of the law is that it could be granted by a District Magistrate. Support is sought from Swarn Lal v. Smt. Bimla Devi, 1982 Matrimonial Law Reporter 65. No doubt in the said case the proceedings were quashed on the ground so raised but no notification was produced before the Hon'ble Judge whereby the powers of District Magistrate stood delegated to the Sub -Divisional Magistrate. The learned counsel for the respondents has brought to my notice such a notification (No. 4377 -2SW 76/23909 dated 3.9.1976). The ground thus fails.

(3.) THE third ground taken is that the Court at Jullundur had no territorial jurisdiction to try the complaint. This point has neither been raised in this petition nor has it ever been taken up before the Courts below. It cannot be permitted to be raised here.