Vinod Prasad, J. - (1.) I have heard learned counsel for the applicants as well as learned AGA on the recall application filed by the two applicants in the above Criminal Misc. Application, U/S 482 Cr.P.C., of my order dated 17.12.2009. The recall application has been filed by the two applicants Suresh Chandra Mishra and his son Neeraj @ Raju Mishra, who are accused in case no. 9264/2009 relating to crime no. 332-A of 2006, under Section 302 I.P.C., P.S. Kalyanpur, District Kanpur Nagar pending before C.M.M., Kanpur Nagar titled as State v. Suresh Chandra Mishra and another . Prima facie they have been found to be the culprits of murdering their own son/ brother by the I.O. Before adverting to the merits of the recall application some background facts are essential to be recorded.
(2.) Respondent no. 2 Smt. Prem Kumari Mishra @ Ashu Mishra is the daughter-in-law of applicant No. 1 Suresh Chandra Mishra being wife of his eldest son Sushil Mishra, with whom she had tied knots in the month of February 1989. Admittedly, Sushil Mishra lost his life in the Halett hospital because of poisoning and/or consuming of some poisonous substance on 25.4.2006. According to the case of the applicants, in respect of death Sushil Mishra, an FIR was lodged against his widow Prem Kumari Mishra and her paramour by applicant no. 1 being crime no. 332 of 2006, under Section 306 I.P.C. on 1.6.2006. The offence was investigated and concluding it, police charge sheeted widow respondent no. 2 along with her paramour Ashwani Kumar Tripathi on 2.11.2006 under Section 306 I.P.C.
(3.) In respect of the murder of her husband, widow respondent no. 2 invoked Metropolitan Magistrate's power by moving an application under Section 156(3) Criminal Procedure Code for getting her FIR of murder case registered. Initially application of respondent no. 2 was rejected by C.M.M., Kanpur Nagar vide it's order dated 24.6.2006 against which Criminal Revision No. 163/2006 (Smt. Prem Kumari Mishra v. State) was preferred before the Sessions Judge, Kanpur Nagar, which too was rejected by Additional Sessions Judge, Court No. 16, Kanpur Nagar vide its order dated 5.9.2006. Both the aforesaid rejection orders( one by C.M.M. and the subsequent order by the Lower Revisional Court) were challenged by the widow in Criminal Miscellaneous Writ Petition No. 12865/2006 (Prem Kumari Mishra v. State of U.P.) before this court, which was allowed on 4.12.2006. Both the impugned orders dated 5.9.2006 and 24.6.2006 were quashed and the matter was sent back to C.M.M., Kanpur Nagar to decide application of the petitioner widow for registration of her FIR afresh.;