A private complaint was filed by the respondent

No.1 under section 200 of Cr.P.C., alleging that she is the

legally wedded wife of petitioner-accused No.1 and he

subjected

her

to

mental

and

physical

cruelty

by

demanding dowry from her parental house. It is further

alleged that the petitioner-accused No.1 has contracted

second marriage with accused No.2 during the subsistence

of his first marriage with respondent No.1. Learned

magistrate referred the matter to the jurisdictional police

for investigation under section 156(3) of Cr.P.C. The

police, after investigation, submitted the charge sheet for

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the offences punishable under sections 498-A, 323, 504,

494 of IPC. The learned magistrate took cognizance of the

aforesaid offences and issued summons to the petitioners.

Sri. S. S. Yadrami, learned senior counsel

appearing for the petitioner submits that the taking of

cognizance for the offence punishable under section 494 of

IPC on the basis of police report is without authority of law

since the cognizance for the said offence can be taken only

on a complaint by an aggrieved person as specified under

section 198 of Cr.P.C. He further submits that the offences

alleged against the petitioner are cognizable and the

complaint

was

filed

without

complying

with

the

requirements of Section 154(1) and 154(3) of Cr.P.C., and

the same is not maintainable in law in view of the decision

of the Hon’ble Apex Court in the case of Priyanka

Srivastava and others –vs- State of UP and others

reported in (2015) 6 SCC 287.

3.

On the other hand, learned counsel appearing

for respondent No.1 submits that the charge sheet

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materials disclose the commission of offences as alleged

against the petitioner. Hence, the learned Magistrate has

rightly taken cognizance of the offences alleged against

the petitioner.

4.

Learned HCGP appearing for respondent No.2-

state would reiterate the submissions made by the learned

counsel for respondent No.1.

5.

I have considered the submissions made by the

learned counsel for the parties.

6.

Section 198 of Cr.P.C., specifies that no Court

shall take cognizance of an offence punishable under

Chapter XX of IPC except upon a complaint made by some

person aggrieved by the offence. In the present case,

learned Magistrate has taken cognizance for the offence

punishable under section 494 of IPC on the basis of the

report submitted by the police under section 173 of

Cr.P.C., and same is without authority of law, since

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cognizance can be taken only on a complaint by the

aggrieved person as specified under section 198 of Cr.P.C.

7.

The offences alleged against the petitioner-

accused are cognizable offences and the private complaint

has been filed under section 200 of Cr.P.C. The

Respondent No.2 has not filed an affidavit to the effect

that the complaint is filed after complying with the

requirements of section 154(1) and 154(3) of Cr.P.C.

Hence, the complainy filed without complying with the said

requirment is maintianble in law in view of the decision of

the Hon’ble Apex Court in the case of Priyanka

Srivastava (supra). Accordingly, I pass the following:

ORDER

The criminal petition is allowed.

The impugned proceedings in C.C.No.584/

2020 pending on the file of the learned Civil

Judge and JMFC, Shiggaon, insofar as petitioner-

accused No.1, is hereby quashed.

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In view of disposal of the matter, pending

interlocutory applications, if any, do not survive

for consideration and are hereby dismissed.

Sd/-

JUDGE

YAN