IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15334 of 2008 Subhan Mian, son of Rozan Mian, village Puranka Dih Dodri, PS Simultalla, District Jamui – Petitioner. Vs. 1) The State of Bihar, 2) Farid Ansari, son of Late Munshi Ansari, village Kaudi, Police Station Simultalla, district Jamui – Opposite parties. 2 27.8.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. No notice is being issued to the complainant in view of the order which is going to be passed in this case. Learned counsel for the petitioner challenges the order, dated 6.7.2007 taking cognizance passed by the Judicial Magistrate, Ist Class, Jamui in C. No. 353/2007 under sections 498A, 147 and 504 of the Penal Code on the ground that there is a bar to taking cognizance by virtue of section 198(a) of the Code of Criminal Procedure. It is submitted that the main allegation in the complaint petition revolves under section 498A and sections 147 and 504 of the Penal Code cannot be said to be relevant for deciding whether the complaint is maintainable in the present form. Learned counsel refers to section 198(a) of the Code of Criminal Procedure which bars a complaint from being filed on behalf of the complainant who is the brother-in-law (Sala) of the victim’s father. Section 198 (a) of the Code of Criminal Procedure reads as follows : “(a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, 2 some other person may, with the leave of the Court, make a complaint on his or her behalf.” (emphasis added) In view of the submissions made on behalf of the petitioner, the Judicial Magistrate, Jamui is directed to issue notice to the complainant and reconsider the matter of taking cognizance in the light of section 198(a) of the Code of Criminal Procedure within a period of three months from the date of receipt / production of a copy of this order. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)