S.I.Jafri - (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. Before proceeding to discuss the events on the day of occurrence, I would like to delineate preliminaries of the case for better reappraisal of the facts and circumstances involved in the case. They are that applicant P. K. Srivastava, while posted at Mirzapur, first held the post of Sub- Divisional Officer Chunar and later on as Forest Settlement Officer in the month of June 1980. From Mirzapur, he was transferred to different places and held different posts and ultimately when he was suspended from service in connection with this case, he was serving as Additional Commissioner (Administration) Jhansi. Applicant No. 2 Dr. Amod Kumar Srivastava, brother of applicant No. 1 was serving as probationary officer in the Union Bank of India at Mirzapur during the period commencing from January 1981 to May 1981. Applicant no. 3 as stated supra, is the father of applicants 1 and 2, who had retired as a Principal of Tata Intermediate College, Jamshedpur, Bihar.
(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. Now descending to the events on the day of occurrence, the prosecution ease is that on 14-6-1982 at about 8.30 A.M., a fire had broken out in the house of P. K. Srivastava, engulfing the kitchen which took the toll of the life of Smt. Mridula Srivastava. Upon breaking out of the fire, Sri S. K. Upadhya, City Magistrate, next neighbour in the aforesaid Colony of P. K. Srivastava applicant, sent a telephonic message to Police Station Kotwali, Mirzapur at 8.55 A.M. stating that Smt. Mridula Srivastava, wife of his neighbour P. K. Srivastava had died of burn injuries.. Upon receiving the telephonic message from the aforesaid officer, a note to the aforesaid effect was made in the General Diary at No. 15 at 8.55 A.M. of the aforesaid Police Station Kotwali. Fire brigade was also informed and immediately summoned and ultimately the fire was put out. Smt. Mridula Srivastava was found dead on the ground in the store-room attached to the kitchen with burn injuries all over her body. A telephonic message was also transmitted at the instance of applicant P. K. Srivastava to the father of the deceased, namely, Sri D. P. Srivastava at Allahabad by Sri Rajendra Prasad Singh resident of the same colony at about 9 A.M. At that time Sri Rajendra Parsad Singh was posted as Deputy Director (Consolidation) at Mirzapur. On receiving telephonic message, D. P. Srivastava along with his wife arrived at the house of applicant, P. K. Srivastava the same day on 14-6-1982 at 11.45 A.M.;