( 1 ) THIS petition seeks setting aside of the order dated 30th november, 2002 passed by Shri Yogesh Khanna, Addl. Sessions Judge, Delhi in case FIR No. 87/1989 under Sections 498-A/304-B/120-B of the IPC registered at Police Station Defence Colony, New Delhi. By the impugned order, the learned Additional Sessions Judge declined an application of Smt. Swarankanta and Om Prakash Malhotra, the present petitioners for dropping of proceedings against them. The main contention of the defence is that the charges against a similarly placed co-accused Smt. Neena Anand were dropped by the High court vide an order dated 11th April, 2001 in Crl. Rev. P. 25/1994. An SLP was dismissed on 25th January, 2002. vide another order dated 25th January, 2002, in another SLP the Supreme Court declined to interfere with the order in favour of Smt. Neena Anand.

( 2 ) THE background is now necessary in order to understand the scope of the present petition. On 21st -22nd April, 1989 Police Station Defence Colony received an intimation from Ram Manohar Lohia Hospital that Shalini Malhotra, wife of Praveen Malhotra had been admitted there with burn injuries of 50 per cent. A dying declaration wa