JUDGMENT :

[Brij Raj Singh, J.]

1. Heard Sri D.D. Chopra, learned Senior Advocate assisted by Sri Anurag Shukla, learned counsel for the revisionists. Sarvajeet Dubey learned counsel for O.P. No.2, learned AGA and perused records.

2. This criminal revision under Section 397 CrPC read with 401 CrPC has been filed by the revisionists with prayer to set aside the order dated 14.3.2019 passed by the Additional Sessions Judge-Ist, Lucknow in S.T. No.34 of 2019 (State. Vs. Father Melvin Saldanha and another) consequently, with further prayer to acquit the revisionists of the charges levelled against them under Section 305 IPC after summoning the lower Court record.

Brief facts of the case:-

3. Brief facts of the case are that FIR was lodged on 4.12.2016 in Case Crime No.1121/2016 under Section 306 IPC, PS Madiyaon, district Lucknow later on, converted under Section 305 IPC on 21.3.2017.

4. As per FIR, the deceased Lalit Yadav son of O.P. No.2 was a regular student of Class-XII in Cathedral Senior Secondary School, Hazratganj, Lucknow. It has been stated in the FIR by the father of the deceased that his son used to attend the school regularly but he was making regular complaints to father and mother regarding the harassment done by the revisionist No.1, Melvin Saldanha (Father Melvil Saldanha) and the revisionist No.2 James John (P.T. Teacher James John). On 3.12.2016 the complainant's son Lalit Yadav had gone to school and he was beaten by the revisionist No.1 and 2 and they threatened to expel him from the school. There was call on the mobile phone of the complainant at 7.58 a.m. by the revisionist No.2 to bring his son from the school on which he made contact to his wife and asked her to bring his son from the school. When the wife of the complainant reached the school, she came to know that without waiting for her arrival, the revisionist No.2 PT Teacher had dropped his son Lalit Yadav to the home. His wife was told by the children that after prayer assembly, the revisionist No.1 and 2 had beaten, mentally harassed the deceased and threatened him to expel from the school. The wife of the complainant was coming back to home and she was informed by the revisionist No.2 P.T. Teacher that her son was dropped by him to her home. The wife reached the house and saw that her son had committed suicide by licensed revolver which was kept in almirah. She brought the son to Trauma Centre with the help of neighbours but her son died during medical treatment. The revisionists have challenged the FIR in the High Court by filing Writ Petition No.5269 (M/B) of 2018 and this Court vide order dated 20.2.2018, dismissed the writ petition on the ground that investigation was completed and chargesheet was likely to be filed.

5. The revisionists again challenged the sanctity of investigation by filing Writ Petition No.17509 (M/B) of 2018 requesting for free, fair, truth and logical investigation and to transfer the case to some other investigating agency in which notices were issued on 20.4.2018.

6. Chargesheet was filed in the case on 14.3.2018 under Section 305 IPC. The same was challenged by filing Application U/S 482 being Case U/S 482/378/407 No. -2653 of 2018 renumbered as Application U/S 482 No.2653 of 2018 (Melvin Saldanha & another Vs. State of U.P. & Another) which was disposed of on 22.5.2018 and liberty was granted to revisionists to move application for discharge.

7. The revisionists approached the Supreme Court in Special Leave Petition (Crl.) No.5071 of 2018 ( Melvin Saldanha & another. Vs. State of U.P. and others.) wherein Supreme Court, vide order dated 19.8.2018 was pleased to issue notice and directed that the revisionists shall not be arrested.

8. In the meantime, the revisionists preferred application for discharge under Section 227 CrPC before the learned District and Sessions Judge, Lucknow. The District and Sessions Judge, Lucknow dismissed the application on 14.3.2019 for discharge moved by the revisionists. The order dated 14.