R.K. Agrawal, J. - (1.) This appeal has been filed against the judgment and order dated 27.09.2012 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Miscellaneous Petition No. 765 of 2011 whereby learned single Judge of the High Court dismissed the petition filed by the appellants herein.
(2.) Brief facts: (a) Manoj Kumar Sharma-the appellant-accused, who was serving in the Indian Air Force at the relevant time, got married to one Nandini on 27.04.1999. On 20.09.1999, Nandini Sharma (since deceased) committed suicide at her matrimonial home. The information with regard to the same was lodged by the Security Officer of the Indian Air Force at Police Station Mulana, District Ambala. On 22.09.1999, post mortem was conducted on the body of the deceased and the body was handed over to the relatives for performing last rites. (b) On 22.09.1999, the officer in-charge of the investigation, P.S. Mulana submitted a report being No. 26 stating that there was no sign of foul play in the occurrence. On the basis of the investigation, on 24.01.2000, a Final Report was submitted before the sub-Divisional Magistrate which got accepted on 19.02.2000. Simultaneously, a Court of Inquiry (CoI) was also convened to investigate into the alleged role of the appellant-accused but after completion of the Inquiry the case was finally closed on 25.07.2000. (c) After five years of the closing of the above case, a fresh First Information Report (FIR), being No. 194 dated 29.05.2005 was got registered by Shri Shashi Bhushan Sharma (Respondent No. 2 herein) - brother of the deceased against Manoj Sharma- appellant No. 1 herein, Heera Lal Sharma, Mahaveer Prasad Sharma and Smt. Hem Lata Sharma-the father, uncle and mother of the appellant No. 1 herein respectively at P.S. Bhillai Nagar, District Durg under Sections 304B, 498A and Section 34 of the Indian Penal Code, 1860 (in short 'the IPC'). (d) Being aggrieved by the filing of the FIR, the appellants herein filed a Writ Petition being No. 2890 of 2005 before the High Court. The Division Bench of the High Court, vide order dated 25.07.2005, directed for the continuance of the investigation of the alleged offence. (e) On 04.04.2007, the said writ petition was withdrawn with the leave of the court and the appellants herein filed Criminal Miscellaneous Petition being No. 612 of 2007 before the High Court under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') for quashing of the FIR. Learned single Judge of the High Court, vide order dated 17.10.2011, allowed the proceedings to continue with a direction to the police to hold fair and proper investigation to ensure logical conclusion of the same without unnecessary delay. (f) An application for modification being Criminal Misc. Petition No. 732 of 2011 was filed for modification of the order dated 17.10.2011 in Criminal Miscellaneous Petition 612 of 2007 on the ground that during the pendency of the judgment in the matter, the charge-sheet came to be filed by the police before the court which was allowed vide order dated 17.11.2011. (g) Further, the appellants herein filed Criminal Misc. Petition being No. 765 of 2011 under Section 482 read with Section 397 of the Code before the High Court for quashing of charge sheet and cognizance taken thereof by the Judicial Magistrate First Class, Durg dated 03.09.2011 and 13.10.2011 respectively in Criminal Proceeding No. 805 of 2011 arising out of Crime No. 194 of 2005 registered at P.S. Bhilai Nagar, District Durg. Learned single Judge of the High Court, vide order dated 27.09.2012 dismissed the petition filed by the appellants herein. (h) Aggrieved by the above said order, the appellants have preferred this appeal by way of special leave before this Court.
(3.) Heard Mr. Sushil Kumar, learned senior counsel for the appellants-accused and Mr. Atul Jha, learned counsel for the respondent-State. Rival Submissions:;