- (1.) Applicants Om Prakash Shyamdasani, Smt. Poonam Shyamdasani, Mukesh Shyamdasani and Kamlesh Shyamdasani have directed this application under Section 482 Cr.P.C. against the impugned order dated 3.8.2015 passed by the Sessions Judge, Kanpur Nagar in Sessions Trial No.36 of 2015 (State Vs. Piyush Shyamdasani and others) whereby discharge application moved by the applicants has been rejected and subsequently they have been charged under Section 202 I.P.C. on 4.8.2015.
(2.) Brief facts in the nut shell are that marriage of co-accused Piyush Shyamdasani was solemnized with deceased Jyoti Shyamdasani on 28.11.2012 according to Hindu rites and on 27.7.2014 co-accused Piyush Shyamdasani took his deceased wife Jyoti Shyamdasani for dinner at restaurant in Kanpur Nagar. After sometime Piyush Shyamdasani lodged an F.I.R. at Police Station Swaroop Nagar, District Kanpur Nagar bearing Crime No.151 of 2014 under Sections 323, 147, 392, 364 I.P.C. alleging that some 7-8 unknown miscreants had attacked his wife while he was coming back in his Honda Accord Car (U.P. 78 BR 5009) from restaurant. The miscreants abducted his wife and ran away with his car.
(3.) In the intervening night of 27-28.7.2014 the corpse of Jyoti Shyamdasani was recovered during investigation and some persons namely, Awadhesh Chaturvedi, Renu @ Akhilesh Kanaujia, Sonu Kashyap and Ashish Kashyap etc. were arrested from whom weapon as well as some articles of jewelry belonging to deceased Jyoti Shyamdasani were allegedly recovered. Therefore, Section 302 and 120 B I.P.C. etc were added in the case.;