Court No. - 76
Case :- APPLICATION U/S 482 No. - 19057 of 2020 Applicant :- Reetaram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Agrawal,Harsh Vardhan Deshwar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Arvind Agrawal assisted by Sri Harsh Vardhan Deshwar, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned order dated 28.10.2020 passed by Additional District Judge/F.T.C. Court No. 1, Mathura in S.T. No. 528 of 2013 arising out of Case Crime No. 113 of 2013 under Sections 147, 148, 149, 307 and 302 I.P.C., P.S., Baldev, District Mathura.
Order dated 28.10.2020 has been assailed in the present Revision whereby the trial court has held that both the S.T.s i.e. 583 of 2018 and 528 of 2013 are cross-cases and, therefore, judgment should be passed in both the cases simultaneously.
Submission made by learned counsel for the applicant is that in S.T. No. 583 of 2018 arising out of Case Crime No. 113A of 2013, investigation was made and final report was submitted but subsequently protest was filed therein and the statement under Sections 200 and 202 Cr.P.C. were recorded and the summoning order dated 7.03.2017 was passed, copies of which are annexed at page nos. 129 to 131 of the paper book and, thereafter the same was committed to Court of Sessions and was treated as a complaint case. It is argued by him that since final report had been submitted in the said case, therefore, the same cannot be treated to be a cross-case of S.T. No. 528 of 2013 because the basis of summoning is statement which was recorded under Sections 200 and 202 Cr.P.C.
This Court does not agree with the said argument since police itself has marked Crime no. 113A of 2013 which is cross-case of Crime No. 113 of 2013 which relates to S.T. No. 528 of 2013, both these cases will be treated as cross-cases, therefore, trial court has rightly passed order that judgement in both these cases shall be delivered simultaneously.
I do not find any infirmity in the impugned order, in view of the same, the present Application under Section 482 Cr.P.C. is dismissed.
Order Date :- 6.1.2021 A. Mandhani