BINOD KUMAR AGRAWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS CRLMC arises out of a petition filed under Section 482 read with Sections 177, 188 and 407 of Cr.P.C. wherein the petitioner has sought for quashing the F.I.R. in Kesinga P.S. Case No. 59 of 2005 corresponding to G.R. case No.287 of 2005 of the Court of S.D.J.M., Bhawanipatna or in the alternative, transfer of the said case to the Court of S.D.J.M., Titilagarh.

(2.) THE nub of the facts, as per the F.I.R. giving rise to this CRLMC is that Sheetal Agrawal married Bikash Agrawal of Titilagarh in accordance with Hindu rites and their caste customs on 23.6.2004 at Visakhapatnam. Before solemnization of the marriage the bride groom, his parents and other relatives including the petitioner demanded Rs.25,000,001/ -, one dimond set and jewellery with other house -hold articles as dowry, but in keeping with his financial status the father of the bride gave Rs.10,00,000/ - a dimond set and jewellery with other house hold articles. At the time of marriage the husband, parent -in -law and the other family members including the petitioner expressed their displeasure because of less payment of dowry and insisted upon payment for the balance amount of Rs.15,00,000/ -. The parents of the bride expressed their inability to meet the said demand, but assured to give the same sometime thereafter. After the marriage was over Sheetal was brought to the matrimonial home at Titilagarh where her husband and his relations including the petitioner started torturing her in many ways. She was forced to do all menial work as a maid servant. On 15.2.2005 Sheetal visited her parential house at Kesinga to attend the marriage ceremony of her brother. Her husband, father -in -law and their other relations also attended the said function. It is alleged that all of them renewed their demand of further dowry. However, the parents of Sheetal persuaded them not to ill -treat their daughter and agreed to comply with their demand after arranging the money. While Sheetal was at Titilagarh, on 3.5.2005 all of them asked her to talk with her parents over phone for payment of the balance amount of Rs.15,00,000/ - and when she expressed the inability of her parents to pay such a huge amount her in -laws asked her husband to finish her. At this Subash got furious and holding the tuft of her hair dragged her to the bedroom and throttled her to kill. He also pressed her mouth and nose with a pillow to kill her. Some how she managed to escape.

(3.) WHILE the investigation is in progress, the present CRLMC has been filed by one of the accused to quash the F.I.R. on the ground that the O.I.C. of Kesinga P.S. or the H.R.P.C. Inspector who has been designated as the Addl. C.I. of the said P.S. has no territorial jurisdiction to investigate into the case since the occurrence took place at Titilagarh, or in the alternative to transfer the aforesaid G.R. Case along with the investigation to the Court of S.D.J.M., Titilagarh.