Court No. - 45
Case :- APPLICATION U/S 482 No. - 38377 of 2018 Applicant :- Bablu Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Atul Pandey,Sandeep Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 29.8.2018 passed by Additional Sessions Judge 6th, District Muzaffarnagar in S.T. No. 172 of 2014, arising out of Case Crime No. 539 of 2012, under Sections- 452, 323, 324, 504, 506 I.P.C., Police Station- Chhapar, District- Muzaffarnagar.
The applicant filed and application before the trial court praying that the complaint No. 1409/2009 of 2015 and S.T. No. 172 of 2014 may be heard and decided together. It has been rejected by the order dated 02.7.2018. The court below has recorded the finding that the time of incident and place of incident in both the cases are different and they cannot be considered as cross cases.
It is submitted that in view of the law of the Apex Court in the case of Pal @ Palla Vs. State of U.P., 2010 LawSuit (SC) 649, clubbing and consolidating the two cases, one on a police challan and the other on a complaint can be done. Even if the prosecution versions in the two cases are materially different, contradictory and mutually exclusive, should not be consolidated but should be tried together with the evidence in the two cases being recorded separately, so that both the cases could be disposed of simultaneously.
In view of the above order of the Apex Court, the order dated 29.8.2018 passed by Additional Sessions Judge 6th, District Muzaffarnagar, is hereby quashed. The matter is remanded to the court below for passing a fresh order in the light of the judgement of the Apex Court in the case of (Pal @ Pall supra).
With the aforesaid directions, this application is finally disposed of.
Order Date :- 30.10.2018 Ruchi Agrahari