ASHOK KUMAR TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) A family of Dina Nath Tiwari consisting of himself, his wife Smt. Ram dulari, son Ashok Kumar Tiwari along with smt. Nirmala w/o Bharat Tiwari have invoked my inherent jurisdiction with the prayer that entire proceedings of Case No. 574 of 2008, state v. Ashok Kumar Tiwari and others arising out of Crime No. C-131/2007, u/s. 498-A, 304-B and 201 of IPC and Section 3/4 of Dowry Prohibition Act, p. S. Sahatwar, District Ballia, pending in the Court of Judicial Magistrate 1st, Ballia be quashed. The ancillary prayer is to stay further proceedings of the aforesaid case pendente lite.

(2.) THE background facts are that Reena tiwari d/o informant Prem Shanker Tiwari respondent No. 2 was married with Ashok kumar Tiwari applicant No. 1 s/o Dina Nath tiwari and Smt. Ram Dulari applicant Nos. 2 and 3. Reena Tiwari however, was murdered and in respect of her death, her brother Krishna Kant Tiwari s/o respondent no. 2 Prem Shanker Tiwari lodged a FIR as crime No. 149 of 2005, u/s. 302/201, IPC at P. S. Sahatwar, District Ballia on 24-11-2005 at about 1. 50 p. m. , mentioning there in that his sister was married with Ashok kumar Tiwari s/o Dina Nath Tiwari and for the reasons unknown, Bharat Tiwari, brother of Ashok Kumar Tiwari has burnt the deceased to death after murdering her.

(3.) IT transpires that on the basis of the registered FIR, Annexure No. 1, investigation was taken up by the I. O. , who concluded the same and submitted charge sheet No. 5 of 2006 in the Court on 20-1 -2006 for the offences u/s. 306/201, IPC against Bharat tiwari, Madhuvan Yadav and Prabhawati. On the basis of the said charge sheet, Annexure 2, cognizance was taken by the Magistrate and the accused were summoned. Their case was committed to the Court of session and Sessions Trial No. 124/07 was registered in the Court of Sessions Judge, ballia vide annexure 3-A to this application.