Satish Srivastava vs The State of Bihar

Sadanand Mukherjee, J.—Heard. 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).

The main ground on which the order of the Revisional Court is challenged is that the order taking cognizance for the offence u/s 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 has 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.

Although vakalatnama on behalf of the informant is on record, on behalf of the informant, none has appeared.

A supplementary affidavit has also been filed on behalf of the petitioner stating that there is admittedly a matrimonial dispute which is subject matter of matrimonial case pending for trial and decision before the family court, Bhabua on the order of the Hon''ble Supreme Court. The said matrimonial case has already been transferred to Bhabhua as stated in the supplementary affidavit.

However, the present quashing application only relates to the order of the Revisional Court. The petitioner may take all the pleas afresh before the Revisional Court by filing a petition and without being prejudiced by the order of this Court in any way, the learned Revisional Court shall hear the parties after issuing notice and shall pass reasoned order on the pleas of the petitioner, as stated above, after hearing both the parties according to law. This order shall not prejudice the parties nor merit of the case nor any other aspect of the matter. With the aforesaid observations, this application stands disposed of.