(1.) This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 17/12/2004 passed by the 4th Additional Sessions Judge, Motihari in Criminal Revision No. 206 of 2004/121 of 2004 by which he has affirmed the order dated 30/6/2004 passed by the learned Sub-Divisional Judicial Magistrate, Rexaul at Motihari in Ramgarnwe P.S. Case No. 100/2003 taking cognizance against the petitioner for the offences under Sections 420 and 406/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and directed issuance of summons against them.
(2.) Learned counsel for the petitioners submitted that the present case is nothing but a bundle of false facts. It is well known to all that in marriages in Muslim families there is no question of demand of any dowry rather Dain Mehar is promised to be paid, he files false cases. In the marriage of his sister and elder daughter also he did the same thing. Further contention of the learned counsel for the petitioner is that on filing of the complaint petition, the learned Sub-Divisional Judicial Magistrate sent the complaint petition to the police under Section 156(3) of the Code arid the police after investigation submitted final report as insufficient evidence. The supervision note of the Superintendent of Police would show that the witnesses have stated that the case is false, yet the learned Magistrate ignoring the material which has come in the case diary took cognizance in the case which is illegal.
(3.) It is well settled that while taking cognizance and issuing processes the Magistrate can differ from the opinion of the police and he cannot consider the defence of the accused. In this case also though the police has submitted final report, the order of the learned Magistrate shows that he found that the informant and several witnesses have supported the prosecution case and there is, prima facie, case under Section 420, 406/34 of the Indian Penal Code against the petitioners. Therefore, there is no illegality in the order of the learned Magistrate. So, the learned Additional Sessions Judge was justified in dismissing the revision application. In the result. I do not find any merit in this application and the same is hereby dismissed. Petition dismissed.