Court No. - 72
Case :- APPLICATION U/S 482 No. - 21861 of 2017 Applicant :- Chhuttan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhir Dixit,Anupam Shyam Dwivedi,Santosh Kumar Verma Counsel for Opposite Party :- G.A.,Bhuvnesh Kumar Singh with Case :- APPLICATION U/S 482 No. - 26120 of 2016 Applicant :- Rizwan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Usha Srivastava,Saurabh Tripathi,Shantanu Srivastava Counsel for Opposite Party :- G.A.,Umesh Kumar Singh and Case :- APPLICATION U/S 482 No. - 11687 of 2017 Applicant :- Imran And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhir Dixit,Anupam Shyam Dwivedi,Santosh Kumar Verma Counsel for Opposite Party :- G.A.,Bhuwnesh Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
1. All the above 482 Applications arise out of Case Crime No. 261 of 2016. The applicants (in all three 482 Applications) namely Chuttan, Rizwan, Imran, Faizan and Arzad have filed the present applications to quash the entire proceeding of Sessions Trial No. 552 of 2015 (State Vs Rizwan & Ors.), under Sections 147, 148, 149, 307, 302, 504/34 I.P.C., P.S.- Kiratpur, District-Bijnor, pending in the court of learned Special Judge, Bijnor.
2. Since the controversy involved in these applications filed u/s 482 are the same, they have been heard together with consent of the learned counsel for the parties and are being decided by a common judgement with Application u/s 482 No. 21861 of 2017 (Chhuttan Vs. State of U.P. & Anr.) being treated as the leading case.
3. Heard Sri Sudhir Dixit, learned counsel for the applicants; Sri Bhuvnesh Kumar Singh, learned counsel for the opposite party no.2 and; learned AGA for the State.
4. Counter affidavit has been filed today (in Application u/s 482 No. 21861 of 2017). Taken on record.
5. The grievance of the applicants is, while the applicants are facing trial in the above case, arising from the same occurrence, the applicants had lodged a complaint against Wasim and three others alleging commission of offence under Sections 302, 307, 459 IPC, P.S.- Kiratpur, Disrict- Bijnor. The proceedings are pending in Complaint Case No.2658 of 2015.
6. The contention of the applicants is, though the occurrence is one however on account of two different fact narration of the same event, proceedings have arisen against two different sets of accused person arising from (i) the State case which was instituted against the present applicants and (ii) against Wasim and three others in the complaint case instituted by the present applicants. Therefore, the two cases are to be heard and decided by one trial Judge. Though the verdict in each case would depend on the evidence that may have been led in such case alone, however, the Judge hearing the two cases must be one. In this regard, reliance has been placed on decision of the Supreme Court in Nathi Lal & Others Vs. State of U.P. & Another, 1990 Supp SCC 145 and State of M.P. Vs. Mishrilal (dead) & Others, 2003 9 SCC 426.
7. While upon allegations made against the applicant/s, S.T. No. 552/2015 was registered wherein evidence has been led and matter is pending at the stage of hearing/judgement, the proceedings in the other case lodged by the applicants being Complaint Case No. 2658 of 2015 (Shahnawaz Vs. Daud & Ors.) had been stayed by this Court. That stay order has been vacated today. Therefore, prayer has been made to provide for both trial to be held/concluded simultaneously, by one judge.
8. Learned counsel for the opposite party no.2 submits, the present is not a cross-case but a counter version of the same incident and, therefore, the principle laid down in Nathi Lal & Others Vs. State of U.P. & Another (supra) would not apply. He also submits that earlier, similar application has been dealt with and rejected by learned trial court on 20.07.2016.
9. Without entering into the merits, the present applications are disposed of with a direction that subject to the applicant/s filing a proper application in that regard alongwith a certified copy of this order before the learned court below, it shall pass appropriate order on the same, in accordance with law, within a period of three weeks therefrom.
Order Date :- 30.5.2019 Prakhar