LAWS(PAT)-2006-10-11

SATISH SRIVASTAVA Vs. STATE OF BIHAR

Decided On October 10, 2006
SATISH SRIVASTAVA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard.

(2.) The petitioner has sought to invoke the inherent jurisdiction of this Court for quashing the order dated 19.5.2005 passed by the learned Sessions Judge, Kaimur. Bhabhua in Criminal Revision No. 30 of 2005 whereby and whereunder the learned Revisional Court refused to set aside the order dated 4.1.2005 taking cognizance in Bhabhua P.S. Case No.114 of 2004 (G.R. Case No.376 of 2004).

(3.) The main ground on which the order of the Revisional Court is challenged is that the order taking cognizance for the offence under Section 3 of the Dowry Prohibition Act, in absence of sanction is not permissible but the Revisional Court had not considered the same. Learned counsel for the petitioner also challenged the order in which the learned Court below found that the Revision Petition has not been filed on behalf of all the accused persons against whom the cognizance lias been taken by the learned Chief Judicial Magistrate. It has also been submitted that the cognizance has been taken against the offences and not against the persons.