Court No. - 24
Case :- APPLICATION U/S 482 No. - 24780 of 2018 Applicant :- Harendera Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kapil Tyagi,Samarth Sinha Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and Sri Mayank, learned counsel for the opposite party No. 2.
The prayer pressed on this application reads thus.
“It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to allow the application and direct court concerned to club the Session Trial No. 597 of 2014 State Versus Jogender alias Jugla, Session Trial No. 338 of 2015 State Versus Manoj alias Rahul, Session Trial No. 250 of 2016 State Versus Randeep and Session Trial No. 86 of 2018 State Versus Kulveer and others with Session Trial No. 438 of 2013 State Versus Yogesh and others, arising out of case crime No. 184 of 2013 under section 147,148,149,452,307,120B IPC and 7 Criminal Law Amendment Act, Police station Dadari, District Guatambudh Nagar pending in the court of the court of Additional District Judge/FTC court No. 2, Gautam Budh Nagar and all Session trial would be consolidated evidence recorded in one case and all Session Trials should be tried as one case/Or pass any appropriate order as this Hon'ble Court deem just and proper in the circumstances of Case.”
The prayer itself is addressed in respect of an application which is stated to have been moved in the month of May 2018 for consolidation of Sessions Trial Nos. 597 of 2014 State Versus Jogender alias Jugla, Session Trial No. 338 of 2015 State Versus Manoj alias Rahul, Session Trial No. 250 of 2016 State Versus Randeep and Session Trial No. 86 of 2018 State Versus Kulveer and others with Session Trial No. 438 of 2013 State Versus Yogesh and others, which according to the learned counsel emanate from a common case crime number. Sri Mayank has placed on the record a copy of the order dated 19 July 2018 in terms of which the Additional District Judge concerned has already passed an order in respect of various sessions trials in which parties here are arraigned. The submission of learned counsel was that the proceedings of Sessions Trial No. 438 of 2013 has not been tagged with those which find mention in the order dated 19 July 2018. These and other issues can clearly be addressed before the concerned Additional District Judge. The Court finds no ground to issue directions as prayed for since it is within the provence of the concerned Court to take a decision in respect thereof. The power of the Court under 482 Cr.P.C. cannot be possibly invoked for the purposes of management of different sessions trials more so when an adverse view has neither been taken nor order passed rejecting the prayer made by the applicant. The petition is dismissed.
Order Date :- 25.7.2018 LA/-