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5. On the basis of the above allegations, the complainant preferred a complaint on 18.5.2011, which was registered as Complaint Case No. 4701623/SS/11. Learned Additional Chief Magistrate, after perusal of the complaint, found a prima facie case to take cognizance under Section 504 IPC against the accused and, consequently, issued process to the accused vide his order dated 23.8.2011.

6. The appellant then preferred Criminal Revision Application No. 1124 of 2011 challenging the order issuing the process for offence punishable under Section 504 IPC. It was contented that the allegation that she had indulged in any action with an intention to provoke the complainant to break breach of public peace or commit any other offence, was totally unfounded. Further, it was also pointed out that no details had been furnished in that complaint to show in what manner the appellant had attempted to provoke the complainant, so as to attract Section 504 IPC. Further, it was pointed out that the complaint ought to have disclosed the actual words if, at all, used by the appellant, which would have provoked her to commit any other offence. It was also pointed out that the learned Magistrate has not properly understood the scope of Section 202 Cr.P.C. in issuing the process to the appellant.

9. Shri C.U. Singh, learned senior counsel appearing for the appellant, submitted that the learned Magistrate has committed an error in taking cognizance of an offence under Section 504 IPC, in the absence of any material specifying the insulting words actually used by the accused, which would have provocated the complainant to commit any other offence. Learned senior counsel submitted that the learned Magistrate ought not to have taken the cognizance and issued the process on a complaint which is nothing but verbatim reproduction of the language of Section 504 IPC, without any particulars.

10. Mr. Uday U. Lalit, learned senior counsel appearing for the respondents, on the other hand, contended that the complaint discloses sufficient materials leading to the offence under Section 504 IPC and the learned Magistrate has correctly taken cognizance of the same and issued the process and the Sessions Judge as well as the High Court has rightly rejected the prayer for quashing the proceedings initiated under Section 504 IPC. Learned senior counsel submitted that if the averments in the complaint prima facie make out a case, the Magistrate can always taken cognizance of the same and it is not necessary that the complaint should verbatim reproduce all the ingredients of the offence nor is it necessary that the complaint should state in so many words that the intention of the accused was fraudulent.

14. We may also indicate that it is not the law that the actual words or language should figure in the complaint. One has to read the complaint as a whole and, by doing so, if the Magistrate comes to a conclusion, prima facie, that there has been an intentional insult so as to provoke any person to break the public peace or to commit any other offence, that is sufficient to bring the complaint within the ambit of Section 504 IPC. It is not the law that a complainant should verbatim reproduce each word or words capable of provoking the other person to commit any other offence. The background facts, circumstances, the occasion, the manner in which they are used, the person or persons to whom they are addressed, the time, the conduct of the person who has indulged in such actions are all relevant factors to be borne in mind while examining a complaint lodged for initiating proceedings under Section 504 IPC.