Poonam Srivastava, J. - (1.) Heard learned counsel for the applicant and learned A.G.A. for the State,
(2.) The order dated 27.8.2005 passed by Chief Judicial Magistrate, Allahabad on an application under Section 156(3) Cr.P.C. has been challenged, whereby the learned Magistrate has refused to register the case.
(3.) The argument on behalf of the applicant is that an application was filed by the applicant bringing facts and allegations against the accused to the notice of the Magistrate, which constitute an offence under Sections 498-A, 323, 504, 506 I.P.C. read with Section 3/4 Down Prohibition Act, Police Station Utraon, District Allahabad. The I allegation of demand of dowry and the victim being subjected to cruelty for non-fulfillment of the demand of dowry was made out and the Magistrate was absolutely wrong while examining the merits of the , case. The prayer for registering the first information report was refused for want of injury report and also after sifting the evidence regarding the demand of dowry. Counsel for the applicant emphasized that once , fact is brought to the notice of the Magistrate and on the basis of allegations prima facie cognizable offence is made out, then the Magistrate is not required to assess the correctness of the allegations.;