Court No. - 72
Case :- APPLICATION U/S 482 No. - 21586 of 2019 Applicant :- Balendra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Kumar,Adesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and the learned AGA for the State.
2. The present application under Section 482 Cr.P.C. has been filed to quash the order dated 03.05.2019 passed by the 1st Additional Sessions Judge, Baghpat, in Sessions Trial No. 108 of 2014 (State Vs. Laxman Singh & Ors.), arising out of Case Crie No. 358 of 2013, under Sections 147, 148, 149, 302, 323, 506 and 34 IPC, Police Station Doghat, District Baghpat.
3. Learned counsel for the applicant submits that arising from Case Crime No. 358 of 2013, four sessions trial have emerged. The leading case is Sessions Trial No. 108 of 2014 under Sections 147, 148, 149, 302, 323, 506 and 34 IPC against Laxman Singh and others. The other three trials are Sessions Trial No. 20 of 2015 against Devendra; Sessions Trial No. 302 of 2014 against Apil and; Sessions Trial No. 191 of 2018 under Sections 147, 148, 149, 302, 323, 504 and 34 IPC against the present applicant. While Sessions Trial Nos. 108 of 2014, 20 of 2015 and 302 of 2014 had been clubbed by earlier orders, by order dated 12.10.2018, the proceedings in Sessions Trial No. 191 of 2018 (against the present applicant) were also clubbed with Sessions Trial No. 108 of 2014. Relying on the order sheet entries, it is then submitted that PW-1 Babita had been recalled on 27.02.2019, whereas the evidence of PW-2 Rajendra is being recorded since 16.11.2018. Therefore, it has been submitted that the learned court below has completely erred in passing the impugned order, by which the Sessions Trial No. 191 of 2018 has been disconnected with the main case, i.e. Sessions Trial No. 108 of 2014.
4. Having heard learned counsel for the parties, no useful purpose would be served in keeping the present application pending. It is disposed of with a direction that in case the applicant files a fresh application before the learned court below within two weeks from today, bringing the aforesaid facts to its knowledge, the learned court below shall pass proper order in that regard, such that if the facts are found to be correct, the two trials may be clubbed and heard accordingly. The aforesaid order may be passed as expeditiously as possible, preferably within a period of two weeks from the date of filing of that application.
Order Date :- 30.5.2019 AHA