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Urmila Mahanand v. State of Odisha

Orissa HC6 Jan 2026CRLMC/4944/2025

Case brief

AI extract

What is this about?

Orissa High Court; CRLMC No.4944 of 2025; Urmila Mahanand v. State of Odisha & Ors.; Section 528 BNSS 2023 application; direction to Investigating Officer; recovery and handover of dowry/household articles to informant; Koksara P.S. Case No.236 dated 06.11.2024; Sections 85, 89, 296, 115(2), 351(2) BNS; Section 4 D.P. Act; matrimonial dispute; dowry demand; investigation concluded; final charge sheet filed; IIC Koksara PS letter dated 05.01.2026; non-cooperation of petitioner; liberty to approach trial court; disposed of; Justice Aditya Kumar Mohapatra; order dated 06.01.2026.

What did the court decide?

Liberty granted to the petitioner to move the learned trial court for recovery of the dowry articles; the trial court to pass necessary orders in accordance with law. ¶21

Urmila Mahanand Vs State of Odisha — Dowry and Cruelty | Orissa HC (2026)

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to move the learned trial court for recovery of the dowry articles; the trial court to pass necessary orders in accordance with law.

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Issue for consideration

Whether the Investigating Officer should be directed to recover the household/dowry articles and hand them over to the Informant-Petitioner in connection with Koksara P.S. Case No.236 dated 06.11.2024.

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Court's answer

Taking into consideration that the investigation has been concluded and the final charge sheet has been filed, the Court granted liberty to the petitioner to move the learned trial court for recovery of the dowry articles (rather than directing the Investigating Officer).

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Ratio / Principle

If the petitioner moves the learned trial court for recovery of the dowry articles, the trial court shall pass necessary orders in accordance with law.

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Detailed headnote1 paragraphs

CRLMC No.4944 of 2025 (High Court of Orissa at Cuttack, Order dated 06.01.2026, Hon'ble Mr. Justice Aditya Kumar Mohapatra): The Informant-Petitioner (Urmila Mahanand) filed the present application under Section 528 of the B.N.S.S., 2023 seeking a direction to the Investigating Officer for recovery of household articles and handover to her, arising out of Koksara P.S. Case No.236 dated 06.11.2024 registered for offences punishable under Sections 85, 89, 296, 115(2), 351(2) of B.N.S. read with Section 4 of the D.P. Act; the F.I.R. alleged torture with demand of dowry in a primarily matrimonial dispute. Learned counsel for the State contended that the investigation had concluded and the final charge sheet filed, and that per the IIC, Koksara PS letter dated 05.01.2026 the dowry articles could not be handed over due to the petitioner's non-cooperation. Holding that the investigation had concluded and the final charge sheet filed, the Court disposed of the application, granting the petitioner liberty to move the learned trial court for recovery of the dowry articles, with the trial court to pass necessary orders in accordance with law.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4944 of 2025

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Urmila Mahanand ..... Petitioner

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Represented by Adv. - Debabrata Dash

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-versus-

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State Of Odisha & Ors.

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..... Opposite Parties Represented by Adv. – Mr. U.R.Jena, A.G.A.

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CORAM:

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THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

06.01.2026

Order No.

This matter is taken up through Hybrid mode.

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Heard learned counsel for the Petitioner as well as the learned counsel for the State. Perused the application as well as the prayer made therein.

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By filing the present application under Section 528 of the B.N.S.S., 2023, the Informant-Petitioner seeks for a direction to the Investigating Officer for recovery of the household articles and to handover to the same to the Informant. On perusal of the record, it appears that Koksara P.S. Case No.236 dated 06.11.2024 was registered at the instance of the present Petitioner for alleged commission of an offence punishable under Sections 85, 89, 296, 115(2), 351(2) of B.N.S. read with Section 4 of the D.P. Act.

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On a careful reading of the F.I.R., it appears that the dispute primarily is a matrimonial dispute between the Petitioner and the

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private Opposite Parties. In the F.I.R. the Petitioner has alleged torture with demand of dowry. Learned counsel for the Petitioner at this juncture contended that at the time of marriage certain things were given to the accused persons as dowry. He further submitted that although F.I.R has been registered and specific information has been provided to the concerned police station the dowry articles have not been recovered as of now. Being aggrieved by such inaction on the part of the Investigating Officer, the Petitioner has approached this Court by filing the present application.

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Learned counsel for the State on the other hand contended that in the meantime the investigation has been concluded and the final charge sheet has been filed. On the basis of the instruction vide letter dated 05.01.2026 of the IIC, Koksara PS it was contended by the learned counsel for the State that due to non-cooperation of the present Petitioner the dowry articles could not be handed over to her. On such ground, learned counsel for the State contended that the present application is devoid of merit and, accordingly, the same should be dismissed.

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Having regard to the submissions made by the learned counsels appearing for both sides, on a careful examination of the surrounding facts and circumstances as well as the subsequent development that has taken place in the meantime, further taking into consideration the fact that the investigation has been concluded and the final charge sheet has been filed, liberty is granted to the petitioner to move the learned trial court for recovery of the dowry articles. In such eventuality, the learned trial court shall pass necessary orders in accordance with law.

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