SURENDRA NATH PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Sri Manish Tiwary, learned Senior counsel assisted by Sri Ashwini Kumar Awasthi, learned counsel for the applicant and Sri Indra Kumar Chaturvedi, learned counsel for the opposite party no.2 and Sri Abhinav Prasad, learned A.G.A. for the State-respondent are present.

(2.) The present 482 Cr.P.C . application has been filed for quashing the order dated 2.3.2019 and to direct the learned trial Court to allow the applicant to ask the questions which he had mentioned in his application no.193Kh in Sessions Trial No.446 of 2007 (State Vs. Pawan Pathak and others), under Sections 498-A , 304-B and D.P. Act, pending in the Court of learned Additional Sessions Judge, Court No.4, Varanasi arising out of Case Crime No.264 of 2006, Police Station Bhelpur, District Varanasi.

(3.) Facts of the case are that a first information report dated 7.6.2006 in respect of occurrence alleged to have taken place on 22.4.2005 was lodged by Smt. Padmawati Devi (now deceased). The averment is that the marriage of the deceased Dr. Asha Pathak was solemnized with the opposite party no.2 namely Dr. Pawan Pathak who happens to be son of the opposite party no.3 namely Dr. Shridhar Pathak and opposite party no.4 Smt. Sheela Pathak. At the time of solemnization of marriage handsome amount of dowry was given to the opposite party no.2 and his family members, but their demands never stopped and finally they murdered the daughter of the first informant. Pursuant to the aforementioned occurrence the first informant had given an application to the police station Bhelupur, District Varanasi in respect of which G.D. entry was also made since the opposite party no.2 is Doctors and who is very influential in connivance with the Doctors who conducted the post mortem examination on the body of the deceased got the post moretem report manipulated concealing the fact of the poison being administered and in pursuance of the said occurrence the application was made at police station Bhelupur upon which no action was taken by the authorities and thereafter the first informant had moved an application before SSP, Varanasi on 4.5.2005 on which also no action was taken.