High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of an order rejecting a stay request. The applicants sought stay due to a pending cross-case revision, which the lower court rejected for lack of merit.
Application under Section 482 Cr.P.C. dismissed. The quashing of the impugned order dated 14.12.2021 is refused.
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Court No. - 88
Case :- APPLICATION U/S 482 No. - 2151 of 2022
Applicant :- Kodai And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Datta Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of impugned order dated 14.12.2021 passed by Additional Sessions Judge/F.T.C.-1, Kushi Nagar at Padrauna in Sessions Trial No. 43 of 2016 (State vs. Kodai and others), arising out of Case Crime No. 923 of 2015, under Sections 302, 323, 504, 34 I.P.C., Police Station- Nebua Naurangiya, District- Kushi Nagar.
It is submitted by learned counsel for the applicants that from the side of applicants a Complaint Case No. 447 of 2016 (Smt. Sanyogita Devi vs. Teemal and others) was filed in which after recording the statement under Sections 200 & 202 Cr.P.C. accused Teemal, Anshika, Tara Devi, Babu Ram, Ram Gopal (opposite party no.2) and Surendra were summoned under Sections 323, 452, 504 I.P.C. During pendency of the complaint, Sanyogita Devi filed an application on 26.06.2018 before Civil Judge (Junior Division), Kushi Nagar at Padrauna for committal of this case to the court of sessions where Sessions Trial No. 43 of 2016 (State vs. Kodai), under Sections 302/202 I.P.C. was pending for simultaneous disposal, which was rejected vide order dated 24.01.2019 on the ground that incident in both the cases are different and neither they are based on the same incident nor they are different version of the same incident. Against the aforesaid order a Criminal Revision No. 35 of 2019 was preferred which was admitted on 20.02.2019 and notice was issued to the accused and the same is pending before Additional Sessions Judge/F.T.C.-II, Kushi Nagar at Padrauna. Thereafter, accused-applicants moved an application dated 20.11.2021 in the aforesaid session trial for stay the proceedings in the instant case on the ground of pendency of Criminal Revision No. 35 of 2019 which was rejected vide impugned order dated 14.12.2021.
Per contra, learned A.G.A. has opposed the application and submitted that the proceedings of both the cases are different
and proceeding of Criminal Revision No. 35 of 2019 is at advanced stage. Learned lower court vide impugned order rejected the application of the applicants on the ground that applicants have not mentioned as to how this complaint case is a cross-case of S.T. No. 35 of 2019. Therefore, the present application is liable to be dismissed.
I have gone through the record. The application for committal of compliant case was moved before Civil Judge (Junior Division), Kushi Nagar at Padrauna which was rejected holding that complaint case is not cross-case of S.T. No. 43 of 2016 against which revision is pending. Later on, the application dated 20.11.2021 was filed to stay the proceedings of the instant session trial on the ground that criminal revision in the crosscase is pending. Lower court vide impugned order dated 14.12.2021 rejected the aforesaid application holding that particulars of session case is not given in the application.
Having heard learned counsel for the applicants as well as learned A.G.A. for the State and considering the facts and circumstances of the case, I do not find any ground which may warrant any interference by this Court in exercise of its jurisdiction under Section 482 Cr.P.C.
The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed .
Order Date :- 4.4.2022 Vikas
Digitally signed by VIKAS VERMA Date: 2022.04.06 12:49:41 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court is warranted to quash the lower court's order rejecting the stay application in the pending cross-case revision.
Whether the lack of specific particulars regarding the cross-case in the present application is fatal to its maintainability.
1 provisions across 1 enactments
Kodai
State of U.P.
Mohd. Aslam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
