Rajendra Prasad Agarwal vs State Of Odisha

S. Pujahari, J

This is an application filed under Section 397 read with Section 401 of Cr.P.C. challenging the order dated 20.12.2012 passed by the then Adhoc

Addl. Sessions Judge, Fast Track Court, Jharsuguda in S.T. Case No.21/26 of 2012 rejecting the petition filed by the petitioners under Section 227 of

Cr.P.C.

2. Heard the respective learned counsel for the parties and perused the impugned order vis-à -vis the relevant papers on record.

3. The petitioners along with their son â€" Sachin Agarwalla have been charge-sheeted under Sections 498-A/306/34 of IPC for the accusation that

Ranju @ Ranjita Agarwalla, daughter of the Informant, was subjected to cruelty by her husband â€" Sachin Agarwalla at the instigation of the

petitioners, and was ultimately, done to death. Although the F.I.R. was registered under Sections 498-A/302/304-B of IPC, after completion of the

investigation, police submitted charge-sheet for the offences under Sections 498-A/306/34 of IPC, inasmuch as the deceased â€" Ranju allegedly died

of suicidal hanging.

4. The petitioners filed an application under Section 227 of Cr.P.C. before the trial Court seeking an order of discharge on the ground that the

prosecution has not placed any material to show them to have ever demanded dowry or tortured the deceased. The learned trial Court, however,

rejected the petition with an observation that there exists a prima-facie case against the accused persons including the petitioners for the offences

aforesaid. It is submitted by the learned counsel for the petitioners before this Court that none of the witnesses examined in course of the investigation

having claimed any direct knowledge about any torture much less dowry related, and there being nothing to suggest complicity of the petitioners with

the offences alleged, the learned Court below ought to have discharged the petitioners.

5. On the other hand, the learned counsel for the State submits that in the case of the present nature, circumstantial evidence matters much, and at

the stage of framing of charge, there is no need of going deep into the allegations or scan the evidence in detail. According to him, the existing

materials on record are sufficient to frame charge against the petitioners and the co-accused for the offences aforesaid.

6. Needless to mention that demand of dowry or dowry related torture is not sine-qua-non for attracting the offence under Section 498-A of IPC.

Keeping in view the argument advanced by the learned counsel for the petitioners, I have perused the police papers including the F.I.R. dated

26.12.2011 and the written statement dated 27.12.2011 of the father of the deceased presented to police in course of investigation. The learned trial

Court vide the impugned order has specifically referred to the statements of some witnesses recorded under Section 161 of Cr.P.C. who implicated

the petitioners to have frequently instigated Sachin to torture the deceased. Needless to mention that at the stage of framing of charge the Court is not

called upon to resort to any threadbare scrutiny of prosecution evidence much less to search for a case for conviction. What all that is necessary at

this stage is to find out as to whether or not with the materials produced by the prosecution, a presumption of guilt can be drawn against the accused.

Applying the said standard of consideration, this Court finds no flaw in the approach of the learned trial Court. Since the impugned order suffers from

no illegality or impropriety, the revision petition becomes liable for dismissal.

7. In the result, this CRLREV being devoid of merit stands dismissed.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available

in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s

Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.

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