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2009 DIGILAW 577 (ORI)

KSHETRABASI BEHERA v. STATE OF ORISSA

2009-07-29

M.M.DAS

body2009
JUDGMENT : M.M. Das, J. - Heard learned council for the parties. 2. The order dated 16.4.2008 passed by the learned S.D.J.M., Talcher in G.R. Case No. 940 if 2007 has been impugned in the this application. By the said order, the learned S.DJ.M. Talcher took cognizance of the offences under 498 A/f323/506/406/34 I.P.C. against the Petitioners. 3. Mr. P.K. Mishra, learned Counsel for the Petitioners submits that the Petitioners Nos. 5 to 10 are in no way related to the family lof the husband of the informant and therefore, Section 498A I.P.C. cannot be attracted as against them. 4. It appears from the impugned order that the learned S.DJ.M., Talcher has not dealt this aspect of the matter but has mechanically taken cognizance of the offences on filing of the charge sheet by the police. The Magistrate is empowered to take cognizance of the offence upon a police report under the provisions of Section 190(1)(b) Code of Criminal Procedure. Filing of the report of the police on completion of the investigation is done u/s 173 Code of Criminal Procedure Power u/s 190 Code of Criminal Procedure cannot be mechanically exercised on receiving a police report, but the Magistrate is required to apply his judicial mind to such report before taking cognizance of any offence. 5. Section 498A I.P.C. clearly provides that the only persons who may be liable for commission of such offence are the husband and his relations.. Strangers cannot be made as accused persons of commission of offence u/s 498A I.P. SC. 6. It is, therefore, clear from the impugned order that the order taking cognizance of the offence is an outcome of non application of judicial mind 7. I, accordingly, quash the order dated 16.4.2008. passed by the learned S.D.J.M., Talcher in G.R. Case No. 940 of 2007 and remit the matter back to learned S.D.J.M., Talcher to pass a fresh order in accordance with law after perusing the charge sheet well as the materials. 8. The CRLMC is accordingly disposed of. 9. Urgent certified copy of this order be granted on proper application.