SHITAL PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the applications arise out of complaint case No. 140 (C) of 1999 and as such they have been heard together and are being disposed of by this common order.

(2.) The petitioners have challenged the order dated 7.1.2003 whereby the application filed for discharge under Section 245 of the Code of Criminal Procedure has been rejected by the Sub-Divisional Judicial Magistrate, Patna after holding that case under Section 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act has been made out.

(3.) The matter was placed before the learned single Judge and the learned single Judge by order dated 9.8.2004 has referred the matter to a larger Bench for consideration as to whether sanction for prosecution under Section 4 of the Dowry Prohibition Act, hereinafter referred to as the 'Act', as per amendment of the said Section by the Bihar Amendment is required or not in view of the judgment of the Supreme Court in the case of Rajesh Kumar Kejriwal and others V/s. The State of Bihar and another, 1997 10 SCC 524, and that is how the matter has been placed before us.