Court No. - 49
Case :- APPLICATION U/S 482 No. - 24420 of 2018 Applicant :- Sham Sheer And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Adya Prasad Tewari,Shahnawaz Khan Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application has been filed to quash the order dated 28.3.2018 passed by the Additional Sessions Judge, Mahrajganj in S.T. No. 97 of 2000, State Vs. Mobeen and others, under Sections 147, 148, 149, 336, 307, 332, 353, 323, 504, 506 IPC and Section 7 Criminal Law Amendment Act, arising out of Case Crime No. 506 of 1997, Police Station Nichlaul, District Mahrajganj, by which the learned trial court has rejected the application to club the present Session Trial with an alleged cross case no. 130 of 2008, complaint case no. 4372 of 1998 (Insar Ali Vs. Ram Naresh and others).
Learned counsel for the applicants submits that the learned court below has erred in not taking note of the fact that the two cases are cross case and they should have been decided together. The application filed by the applicants has been rejected on the ground that the present Session Trial is an old case and it may be decided, expeditiously.
Sri Nagendra Kumar Srivastava, learned A.G.A. on the other hand submits that the present application had been filed by the applicant belatedly and, therefore, the same has been rightly rejected.
Perusal of the impugned order does not bring out the fact, that the two cases are not cross cases. The fact that the other case is pending before the learned Chief Judicial Magistrate and has yet not be committed to trial, may be one of the relevant factors but the primary fact to be ascertained is whether two cases are cross cases to be tried togethre.
Consequently, the order dated 28.3.2018 passed by the Additional Sessions Judge, Mahrajganj cannot be sustained and it is hereby set aside. The matter is remitted to the learned court below to decide the application afresh, in accordance with law.
The present application is allowed. Order Date :- 26.7.2018 Mini