S. C. MOHAPATRA, J, J. ( 1 ) THIS is an application under section 482, Cr. P. C. by the accused in I. C. C. Case No. 179 of 1991 in the court of Sub-divisional Judicial Magistrate, Khurda - Cognizance has been taken under section 498a, I. P. C. and section 4 of the Dowery Prohibition Act on that basis of complaint by the wife. Process has been issued and, thereafter, non-bailable warrant of arrest has been issued against the accused to enforce his appearance in court. ( 2 ) MR. Bijan Ray, learned counsel for the petitioner submitted that Khurda Court has no jurisdiction to entertain the complaint to take cognizance in view of section 177, Cr. P. C. Mr. Ray has relied upon a decision reported in Narumal v. State of Bombay. On the other hand, Mr. Y. S. N. Murty submitted that this decision has been distinguished by the Supreme Court in the decision reported in Nasiruddin Khan v. State of Bihar and cognizance ought not to be quashed as prayed for. There is also another decision reported in Smt. Raj Kumari Vijh. v. Dev. Raj Vijh which may be of some assistance. ( 3 ) AS I find, this question was never raised before the trial court at any stage by the petitioner till today. It is desirable that at the time of framing charge (in case such question is raised) trial court shall consider the question before deciding to frame charge. Accordingly, at this stage I am not inclined to consider whether the cognizance shall be quashed. ( 4 ) MR. Ray further submitted that accused is an employee under the State Government. I am inclined to hold that interest of justice would be best served in case accused is released on bail of Rs. 2,000. 00. Since it is stated by Mr. Ray that accused may not be able to get a bailor in Khurda Court, I direct that on deposit of Rs. 2,000. 00 in cash, accused shall be released on bail. In case accused makes an application for representation till framing of charge, he shall be permitted to be represented each day. The question of representation shall be considered afresh after the stage of charge, in case charges are framed. ( 5 ) WITH the aforesaid direction and observation, this application in disposed of. Petition disposed of