NASIM PARVEZ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner has prayed for quashing the entire criminal proceeding initiated against the petitioner including the order dated 9-9-2002 passed by Sub-Divisional Judicial Magistrate, Giridih whereby he has taken cognizance for the offence under Section 4 of the Dowry Prohibition Act against the petitioners in connection with T. R. Case No. 2184 of 20902, Giridih P. S. Case'No. 128 of 1985.

(2.) Mr. R. S. Mazumdar, learned counsel for the petitioners assailed the impugned order of cognizance mainly on the ground that as per the Bihar Amendment in Section 4 of the said act no prosecution can be launched without the sanction of the competent authority notified by the Government. In this connection learned counsel relied upon the decision of the Supreme Court in the case of Rajesh Kumar Kejriwal (1997) 10 SCC 524. Section 4 of the Dowry Prohibition Act reads as under :

(3.) The aforesaid provision has been substituted by the State of Bihar by Amendment Act 4 of 1976 with effect from 20-1-1976. The amended provision reads as under :