Court No. - 72
Case :- APPLICATION U/S 482 No. - 11914 of 2019 Applicant :- Shadab Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhishek Mayank Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present application u/s 482 Cr.P.C. has been filed to quash the entire proceeding of Session Trial No. 1114 of 2013 (State Vs. Faizal Ali & Ors.), Case Crime No. 231 of 2013, under Sections 307, 302 I.P.C. and 7 Criminal Law Amendment Act, Police Station Kotwali, District Allahabad, pending in the court of Additional District Judge, Court no. 5, Allahabad, till the decision of Case Crime No. 331 of 2013, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Allahabad, pending in the court of Special Judge, Gangsters Act, Allahabad.
3. Learned counsel for the applicant submits, the applicant is facing two trials in Session Trial No. 1114 of 2013, under Sections 307, 302 I.P.C. and 7 Criminal Law Amendment Act. It is pending in the court of Additional District Judge, Court no. 5, Allahabad. The said trial is at the stage of statement to be recorded under Section 313 Cr.P.C. Also, in view of the aforesaid case, the applicant was also arraigned as an accused in Case Crime No. 331 of 2013, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. The said case is stated to be pending at the stage of prosecution evidence.
4. Relying on Section 12 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, it has been submitted, the trial under the Gangsters Act has to take precedence over other trial which may be concluded after the proceedings in Case Crime No. 331 of 2013 are completed.
5. Learned AGA could not advance contrary position in law.
6. In view of the above, the present application is disposed of with a direction that the learned court below may proceed to expedite the proceedings in Case Crime No. 331 of 2013, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, pending in the court of Special Judge, Gangsters Act, Allahabad. Such case may be concluded as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order.
7. It is provided that the proceedings in Session Trial No. 1114 of 2013 may continue so however the judgement may not be pronounced before the judgement in Case Crime No. 331 of 2013.
Order Date :- 29.4.2019 Prakhar