K. P. MOHAPATRA, J.

( 1 ) THE petitioner and pro forma opposite party No. 2 are accused in a case under Sections 3 and 4 of the Dowry Prohibition Act (for short the 'act') and have challenged the order of cognizance dated 6-2-1985 passed by the learned Sub-Divisional Judicial Magistrate, Bhubaneswar.

( 2 ) PROSECUTION case, which is a very unfortunate one, is narrated below. The marriage negotiation between Sanjukta, an educated young girl, with the petitioner who was serving as Judicial Magistrate at Bhubaneswar, was started by some negotiators in January, 1982. During negotiation, on behalf of the petitioner and pro forma opposite party No. 2 demand of dowry of cash of Rupees 35,000/- and costly articles, such as, television, H. M. T. watch, refrigerator, 15 Tolas of gold ornaments and a piece of land at Bhubaneswar, was made. The parents of Sanjukta willy-nilly agreed for giving the dowry and as a matter of fact, on 10-2-1982 at the time of Nirbandha ceremony, a sum of Rs. 15,000/- was paid by her parents to the petitioner and pro forma opposite party No. 2. Again on 26-4-1982 a sum of Rupees 5000/- and on 28-4-1982 a sum of Rupees 11,500/- in cash and Rs. 3,500/- in cheque was