B.B.MANGALMURTI,J. - (1.) Heard learned counsels for the parties.
(2.) The instant application has been filed against the order taking cognizance under Section 498-A of the I.P.C. by the Court of Sri Dhananjay Kumar, the then Judicial Magistrate, 1st Class, Jamshedpur in Complaint Case No.1942 of 2008 vide his order dated 20th April, 2009.
(3.) The prosecution case in short is that Sahnaz Bano complainant of this case who is O.P. No.2 herein filed a case on 08.10.2008 against the petitioners-accused no.1 to 3 that her marriage was solemnized on 16.04.2006 with Md. Iqbal Ansari according to Muslim rites at Gaya. At the time of marriage various gifts including cash and articles were given but the accused persons were not satisfied with the above presentations. Consequently she was being tortured physically and mentally. The complainant was also physically assaulted by accused persons. She fell ill but accused persons did not provided any medical aid to her rather expired medicines were administered to her. The father of the complainant was also being threatened through mobile-phone that if the demands are not fulfilled, the complainant would be killed. Ultimately, the complainant was driven out from the matrimonial house then she took shelter at her father's residence at Jamshedpur. They tried to mediate but accused persons refused to allow her to enter in the matrimonial home and also refused to return the gifts and articles given at the time of marriage. Aggrieved by these acts of the accused persons she filed a complaint case before the Court at Jamshedpur which was numbered as C/1 Case No.1942 of 2008 with a prayer to take cognizance of the offence under Sections 498-A and 406 of the I.P.C. read with Section 3/4 of the Dowry Prohibition Act. The court below after recording the statement took cognizance only under Section 498-A of the I.P.C. on 20.04.2009. This order is challenged here.;