RABINDRA KUMAR BISWAL Vs. SANTILATA MOHAPATRA

JUDGEMENT

(1.) In this application under section 482 of Cr.P.C., the petitioner Rabindra Kumar Biswal has prayed for quashing the impugned order dated 23.12.2009 passed by the learned S.D.J.M., Kendrapara in I.C.C. No.343 of 2008 in taking cognizance of offences punishable under sections 498-A, 302 read with section 34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act and issuance of non-bailable warrant of arrest against him.

(2.) The prosecution case, as per the complaint petition filed by the opposite party Santilata Mohapatra is that she had given the marriage of her daughter Madhusmita @ Pinki (hereafter 'the deceased') with accused Sunil Biswal on 13.12.1996. At the time of marriage, as per the demand of the accused persons namely Sunil Biswal, his brothers Rabindra Kumar Biswal (petitioner) and Rakesh Biswal, his mother Bijuli Biswal and his sister Nandi Biswal, the complainant gave cash of Rs.5,00,000/- (rupees five lakhs) and also demand draft of Rs.1,00,000/- (rupees one lakh) towards the purchase of Tata Sumo Car and further gave other articles including gold ornaments to the deceased and her husband. The couple was blessed with two sons namely, Aryan Biswal and Ayusman Biswal. It is the further case of the complainant that few months after marriage, there was further demand of Rs.2,00,000/- (rupees two lakhs) by the accused persons and since such demand could not be fulfilled, the deceased was subjected to physical and mental torture by the accused persons. The deceased was being compelled by the accused persons to contest the Gram Panchayat election and accordingly, she contested the election and got elected as Sarpanch. Since the deceased did not agree to misuse her power as Sarpanch to provide wrongful gain to the accused persons, she was subjected to further torture. On 29.07.2008 the deceased came to her father's place and complained against her in-laws before her family members regarding apprehension of danger to her life. The complainant took the deceased to the rented house of the accused persons on 31.07.2008 and left her there requesting the accused persons not to torture the deceased but on the very next day i.e. on 01.08.2008 the complainant received message over telephone that the deceased had sustained burn injuries and was on the way to S.C.B. Medical College and Hospital, Cuttack. On getting such message, the complainant and other relatives rushed to the Hospital and found the deceased lying with burn injuries over her entire body and she was struggling for life. The accused persons had left the deceased alone in the hospital without any arrangement and on 03.08.2008 night, the deceased expired. The post-mortem was conducted on the next day and dead body was cremated.

(3.) Initially the complainant filed a complaint petition vide I.C.C. Case No.266 of 2008 on 23.09.2008 and when the case was posted for enquiry under section 202 of Cr.P.C. after recording of initial statement of the complainant, due to non- taking of steps on account of illness of the conducting counsels, the complaint petition was dismissed on 05.11.2008 and accordingly, the second complaint petition was filed in connection with which the impugned order was passed.