IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 602 of 2011 (Arising out of SLP (Crl.) No. 5005 of 2010), Civil Appeal Nos. 2204-2209 of 2011 (Arising out of SLP (C) Nos. 29951-29956 of 2010) and Criminal Appeal Nos. 603-608 of 2011 (Arising out of SLP (Crl.) Nos. 7008-7013 of 2010)

Decided On: 01.03.2011

Appellants: Ashok Kumar Todi Vs. Respondent: Kishwar Jahan and Ors.

Hon'ble Judges/Coram:
P. Sathasivam and B.S. Chauhan

JUDGMENT

P. Sathasivam, J.

1. Leave granted.

2. These appeals are directed against the common judgment and final order dated 18.05.2010 passed by the Division Bench of the High Court of Calcutta in M.A.T. Nos. 703, 895, 704, 713, 714 and 744 of 2008 whereby the CBI was directed to start investigation afresh in accordance with law treating the complaint dated 21.09.2007 filed by Rukbanur Rahman, brother of Rizwanur Rahman - the deceased, as F.I.R. and to register a case of murder.

3. Brief facts:

(a) One Rizwanur Rahman-the deceased, a Computer Graphics Engineer fell in love with a girl, namely, Priyanka Todi, daughter of Ashok Kumar Todi. On 18.08.2007, Rizwanur Rahman married Priyanka Todi under the Special Marriage Act, 1954 in the marriage registration office. On 31.08.2007, Priyanka Todi left her father's house and started living in her husband's home at Tiljala within the jurisdiction of Karaya Police Station, Kolkata. The couple informed the Police Commissioner, Deputy Commissioner of Police(South), the Superintendent of Police, 24 Parganas (S), the Officer-in-charge, Karaya Police Station and the Officer-in-charge, Bidhan Nagar Police Station about their marriage by a letter dated 31.08.2007 along with a copy of the Marriage Registration Certificate. On the same day, Priyanka Todi informed her father about her marriage with the deceased and also of the fact of her residing with her husband in her in-law's house. On the very same day, in the evening, around 6.30 p.m., Ashok Kumar Todi-Priyanka Todi's father, Anil Saraogi -maternal uncle of Priyanka Todi and Pradip Todi -brother of Ashok Kumar Todi went to the house of the deceased and persuaded him and his family members to send Priyanka Todi back to their house but Priyanka Todi did not agree to their request. On the same night, Ashok Kumar Todi lodged a complaint at Karaya Police Station and consequently two police officers went to the residence of the deceased to create mental pressure on him. On 01.09.2007, early in the morning, Ashok Kumar Todi and Anil Saraogi threatened the deceased that if Priyanka Todi did not return back to her parents' house, they would face the dire consequences. On the same day, Pradip Todi lodged a complaint with Deputy Commissioner of Police (Detective Department) alleging that Priyanka Todi has been taken away by the deceased by deceitful means with intent to marry her. On various dates, the Deputy Commissioner of Police (DD) called Priyanka Todi and her husband at his office and asked Priyanka Todi to go back to her parents' house, but she refused to accept the proposal. On 08.09.2007, Pradip Todi made another application to police that Priyanka Todi has been detained forcibly by the deceased. On the action of the complaint, the sub-Inspector went to the residence of the deceased and summoned the couple to Police Headquarter, Lal Bazar, Kolkata and the custody of Priyanka Todi was handed over to her uncle Anil Saraogi with condition that she will return to her husband's house after one week.
(b........