STATE OF U.P. Vs. AWADHESH KUMAR SRIVASTAVA

JUDGEMENT

(1.) The State of U.P. has filed the present writ petition under article 226 of the Constitution of India for quashing of judgment and order dated 13.02.2013 passed by Session Judge, Basti dismissing thereby Crl. Revision No.3 of 2013 filed by proforma respondents no.2 & 3 Uma Shankar Patwa & Daya Shankar Patwa (Annexure 7) as well as order dated 30.11.2012 of C.J.M., Basti refusing to grant permission to withdraw prosecution against the proforma respondents no. 2 & 3 in case crime no.1525/10, u/s 302, 120-B IPC, P.S. Kotwali Basti (Annexure 5).

(2.) In brief, the facts are that the respondent no.1 Awadhesh Kumar Srivastava lodged a written report at P.S. Kotwali, District Basti on 26.6.2010 at 22:15 hrs. with the allegations that on 26.6.2010 at 8:30 P.M., his brother Avnish Kumar Srivastava was starting his motorbike after taking Betel / Gutkha from a shop near Rauta Chauraha, two unknown persons shot at him. On receiving the information, the first informant reach the spot and took his seriously wounded brother to hospital where he was declared brought dead. On the basis of said written report, Kotwali police registered a case u/s 302 IPC, vide crime no.1525/10 against two unknown accused.

(3.) During investigation, it came to the fore that during election for M.L.C., the deceased was Media Incharge for contesting candidate Smt. Firoza Patwa wife of proforma respondent no.3 Daya Shankar Patwa, who showered utmost generosity and benevolence on him by presenting a 'Honda City' Car and a bullet motorbike to the deceased. It also surfaced from the investigation that the deceased was a colorful man and had established deep relations with Smt. Firoza Patwa. The deceased had also made some nude and semi nude SMS & MMS of Smt. Patwa. In nutshell, the picture that emerged from investigation made out a case of illicit liaison between Smt. Firoza Patwa and the deceased Avnish Kumar Srivastava and feeling ashamed and dishonoured, Uma Shankar Patwa & Daya Shankar Patwa planned to liquidate Avnish Kumar Srivastava and employed Guddu Mishra & Rakesh Pathak to translate the plan in to reality. Section 120-B IPC was added in the already registered case. On 27.7.2010, the name of co-accused Umesh Shukla figured as main shooter whom Guddu Mishra & Rakesh Pathak had hired to execute the plan.