HARI CHARAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order dated 13.6.1982 passed by Sri S.K. Sinha, Judicial Magistrate 1st Class, Sahibganj, in P.C.R. Case No. 26 of 1982 by which the learned Magistrate has taken cognizance for the offences punishable under Section 4 of the Dowry Prohibition Act, 1961 (hereinafter to be referred to as 'the Act').

(2.) It appears that the case has been initiated on the basis of a complaint petition filed by opposite party No. 2 in which he had alleged that the petitioners had demanded dowry for the marriage of petitioner Gurucharan Paswan with the cousin sister of the complainant. Being aggrieved by this demand and that being illegal, the complaint has been filed, as stated above. The matter was sent for enquiry and after examination of four witnesses, the cognizance has been taken by the impugned order, as mentioned above. Section 4 of the Act reads as follows:

(3.) Learned Counsel appearing on behalf of the petitioners has challengedthe impugned order on the ground that no previous sanction had been obtained from the State Government as provided under the proviso to Section 4 of the Act.