Madhuri Tiwari v. State of U.P. and Another
Case brief
What is this about?
The High Court dismissed an application under Section 482 Cr.P.C. to stay the trial proceedings in a session case on the ground that a cross-case was stayed by the High Court. The court held that the High Court had subsequently vacated the stay order in the cross-case.
What the court decided
Court No. - 88
Case :- APPLICATION U/S 482 No. - 30894 of 2022
Applicant :- Madhuri Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.C.Tiwari(Ac),Atal Bihari Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. is filed to quash order dated 29.01.2021 passed by Additional Session Judge/FTC, Court No.10, Kanpur Dehat in Sessions Trial No. 383 of 2010 (State Versus Kamal Kumar and others) arising out of Case Crime No.326 of 2009 under Sections 147, 148, 323, 325 and 308 I.P.C., Police Station Chaubeypur, District Kanpur Nagar.
The applicant is an accused in the aforesaid sessions trial. During course of trial an application was moved on behalf of the accused that cross case of Session Trial No.25 of 2012 (State Versus Ram Lal) under Sections 147/148, 323, 324, 504 and 506 I.P.C. is also pending and proceeding of that case is stayed by High Court, hence proceeding of this case be also stayed. Learned trial court after hearing the accused has rejected the aforesaid application by the impugned order dated 29.01.2021.
Learned counsel for the applicant has contended that Session Trial No.383 of 2010 and Session Trial No.25 of 2012 are cross cases and both are pending in the court of Additional Sessions Judge. An application was filed before the Sessions Court in this regard but the trial court has rejected aforesaid application and proceeding in Session Trial No.383 of 2010 is going on while proceeding of Sessions Trial No.25 of 2012 is stayed.
Issues for consideration
2 issues framed by the court
Whether to grant relief under Section 482 Cr.P.C. to stay proceedings in Session Trial No. 383 of 2010 on the ground that related proceedings in Session Trial No. 25 of 2012 were stayed by the High Co
Whether the High Court's stay order in the cognate case remained in force at the time of considering this application.
Parties & counsel
- applicant
Madhuri Tiwari
- respondent
State of U.P.
- respondent
Another
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- A482/30894/2022
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