Applicant sought quashing of criminal proceedings alleging pending cross case hindered trial. Court held no ground for quashing, rejecting merit and refusing prayer based on charge-sheet concerns.
Prayer for quashing of proceedings and direction to proceed jointly with cross case refused.
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Court No. - 42 Case :- APPLICATION U/S 482 No. - 5473 of 2004 Applicant :- Som Nath & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Dharmendra Singhal,Amar Nath Counsel for Opposite Party :- Govt. Advocate,Anurag Pathak,Sunil Kumar Shukla
Hon'ble Ramesh Sinha,J.
Heard Sri Ankit Agrawal, Advocate, holding brief of Sri Dharmendra Singhal, learned counsel for the applicant, Sri Anurag Pathak, learned counsel for the opposite party no.2 and learned AGA for State.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of S.T. No. 487 of 2003 (State Vs. Som Nath and Others) pending in the Court of Additional Sessions Judge, Court No.10 Saharanpur for not proceeding with the aforesaid case unless its cross case bearing case no.7482 of 2003 pending before A.C.J.M. 1st, Saharanpur, under Section 395 IPC is heard and decided.
Learned counsel for the applicant submitted that the cross case of the present case is pending before the court below in which the proceedings have been stayed by this Court in Criminal Misc. Application u/s 482 Cr.P.C. No. 2873 of 2004, hence the same may also be directed to be heard by the court below so that the trial of the present case along with cross case bearing case no.7482 of 2003 pending under Section 395 IPC may also be proceeded and decided together by the Additional Sessions Judge, Court No.10, Saharanpur where the present Sessions Trial being S.T. No. 487 of 2003 (State Vs. Som Nath and Others) is pending.
The said contention of learned counsel for the applicant has been vehemently opposed by the learned counsel for the opposite party no. 2 and it is stated that the cross case which is under Section 395 IPC is not the cross case of the present case and the said case has been registered subsequently. It is further submitted that the judgement in the present Session Trial is likely to be delivered and the Trial of the present case has been held up because of the interim order passed by this Court.
Considering the submissions advanced by learned counsel for the parties and after perusal of the record I do not find any ground for quashing the proceedings of the present case.
The prayer for quashing the proceedings of the aforesaid case based on the charge-sheet is refused.
The application lacks merit and is accordingly, dismissed.
Order Date :- 7.12.2017 Neeraj
1 issue framed by the court
Whether the criminal proceedings under Section 482 Cr.P.C. should be quashed on the ground that a cross case under Section 395 IPC is pending and stayed by this Court.
1 provisions across 1 enactments
Som Nath & Others
State Of U.P.
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
