SIDDHARTH ARORA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this application under section 482 of the Code of Criminal Procedure, 1973 has challenged the order dated 10.11.2010 of the learned S.D.J.M. (P), Rourkela in G.R. Case No. 1903 of 2009 in taking cognizance of the offence under section 306 I.P.C. and issuance of process against him.

(2.) ON verification of the materials produced, it is seen that the opp. Party no. 2 -Subhendra Das lodged the F.I.R. (Annexure -2) before the Inspector in -Charge, Jhirpani Police Station on 30.10.2009 on the basis of which Jhirpani P.S. Case No. 38 of 2009 was registered.

(3.) IT is alleged in the F.I.R. that on 18.10.2009 at about 9.45 P.M., while calling his daughter Pragnya Priyadarsini (hereinafter referred to as the deceased ) for dinner, the informant and his wife noticed that the deceased had locked her room from inside and did not respond after repeated calling for which the door was broke open and she was found hanging from a fan. The deceased was immediately shifted to I.G.H. Rourkela, where the doctors declared her dead. It is further alleged in the F.I.R. that the mobile phone which was found from the spot disclosed that the last call was made to the Cell phone No. 9238373635 which belongs to the father of the petitioner. The mobile phone was handed over to the investigating officer on 20.10.3009. The petitioner is alleged to be harassing the deceased since mid of 2007 through different means, i.e., letters, anonymous telephone calls by impersonating himself in different names. One of the letters of the petitioner written in August, 2007 was handed over to the police on 29.10.2009.