RAMESH CHANDRA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the complainant.

(2.) COGNIZANCE has been taken in this case under Sections 498A of the I.P.C. and 3/4 of Dowry Prohibition Act. Allegation is that of demand and torture. Learned Magistrate took cognizance in this case. However, a witness was examined under Sec.202 Cr.P.C. and the complainant was examined on solemn affirmation. At this stage the case has to be viewed on the complainant point of view.

(3.) IT has been contended on behalf of Opposite Party No. 2 that at this stage cognizance has been taken upon the version of the complainant as well as after the version of the witnesses and there is no infirmity in the order of cognizance. It is stated that at this stage the case has to be viewed from the complainant point of view and whatever the complainant places on record has to be taken into consideration in a complaint case in order to arrive at the finding regarding the cognizance.