GANESH PD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner no.1, who was husband of opposite party no.2, along with his other three relatives have approached this court with a prayer to quash an order dated 13.5.2005 passed by Sub-Divisional Judicial Magistrate, Birpur, District Supaul. By the said order, the learned Magistrate has taken cognizance of the offences under Sections 498(A) of the Indian Penal Code and 3/ 4 of the Dowry Prohibition Act.

(2.) SHORT fact of the case is that opposite party no.2 filed a complaint in the court of Sub-Divisional Judicial Magistrate at Birpur, which was registered as Complaint Case No. 53 C of 2004, against the petitioners and one another on an allegation of commission of offences under Sections 498(A) and 406/34 of the Indian Penal Code. It was disclosed in the complaint petition that marriage of petitioner no.1 was solemnized with opposite party no.2 on 13.05.1999 according to Hindu rites. Thereafter in the year 2000 she was blessed with a female child. It has been alleged that the petitioners had tortured the complainant with view to extract dowry from the parents of the complainant. It has been disclosed in the complaint petition that petitioner no.1, who was husband of complainant, subsequently dropped the complainant to his in- laws' house sometime in the year 2001 and thereafter he did not take any care to take the complainant back to her in-laws family. It was alleged that the accused persons had repeatedly demanded dowry of Rs.1,00000/- from the parents of the complainant. After filing of the complaint, an enquiry was conducted by the learned Magistrate and by the impugned order the learned Magistrate has taken cognizance of the offences under Section 498(A) of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Aggrieved with the order of cognizance, the petitioners have approached this court by filing the present petition.