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2003 Supreme(Ori) 472

A.S.NAIDU
MANMATHA KUMAR JENA – Appellant
Versus
SMT. SANJUKTA JENA – Respondent


Advocates Appeared:
D.P.Dhal, S.K.DAS GUPTA

A. S. NAIDU, J.

( 1 ) THE accused persons in ICC No. 26 of 2001 pending in the Court of the S. D. J. M. , Nilgiri have approached this Court invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 inter alia with a prayer to quash the order dated 12-10-2001 of the S. D. J. M. taming congnizance of offences under Sections 498-A/506/ipc and Section 4 of the Dowry Prohibitory Act alleged against them. The order is challenged on two grounds. First, due to non filing of any FIR with police as admitted by the complaint opposite party, the S. D. J. M. ought to have rejected the compalint petition in limine; and secondly, as the facts stated in the complaint petition were vexatiousand did not prima facie constitute any offence, the order taking cognizance is liable to be quashed.

( 2 ) THE admitted case of both sides is that petitioner No. 1 married the sole opposite party according to Hindu rituals on 11th of March, 2000. According to the complainant-opposite party due to fairlure in giving the promised dowry by her father, she was subjectd to unsurmountable harship, torture and even physical assault. Her in-laws with common intention snatched away all he









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