PRAMOD KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) THE instant petition in hand has been preferred by P. K. Srivastava, his brother Dr. Amod Kumar Srivastava and their father Bala Parsad Srivastava, applicants invoking this court's extra-ordinary inherent powers under Section 482 CrPC to quash the charge-sheet submitted by C. B., C. I. D. Lucknow on 11-3-1986 in case Crime No. 528 of 1986 under Section 302/120-B/34/20I/498 IPC in the court of Chief Judicial Magistrate, Mirzapur and further to set aside the order dated 17-5-1986 thereby summoning the applicants as accused passed by Chief Judicial Magistrate Mirzapur in case No. 919 of 1986 on the basis of the aforesaid charge-sheet. Upon a consideration of prima facie case as submitted by the learned counsel for the parties, this Court stayed further proceedings in the aforesaid case on 3-6- 1986, side by side directing the parties to exchange counter and rejoinder affidavits. Subsequent to counter and rejoinder affidavits having been exchanged by the parties and after hearing the learned counsel for the parties, this court admitted the petition on 21-1-1989.

(2.) I have heard the learned counsel for the parties at a great length. I have also been taken through the statements of witnesses recorded in the case diary and also other documents connected with the case.

(3.) IN the instant case the victim is unfortunate lady Smt. Mridula Srivastava, wife of P. K. Srivastave applicant. The marriage of the applicant P. K. Srivastava was solemnly performed with Smt. Mridula Srivastava (deceased) in the month of November 1977. Sri D P. Srivastava, father of the deceased lady is a retired Deputy Excise Commissioner. After retirement, Sri D. P. Srivastava settled at Allahabad Out of the wedlock, Smt Mridula Srivastava gave birth to a female child, namely Meetu on 22nd of January 1979. At the time of occurrence the child was aged about one and a half years. All the three applicants were residing in one and the same house which had been allotted in the name of P. K. Srivastava applicant in the officers' colony Mirzapur, along with Smt. Mridula Srivatava and the child.