Dismissed

Irshad Alias Gappa and 14 Others v. State of U.P. and Another

Allahabad HC14 Feb 2023A482/3141/2023

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the High Court rejected the applicants' plea that two pending cases arising from similar incidents were cross-cases requiring a joint trial. Finding that the trial court gave cogent reasons for rejecting the plea and no irregularity existed, the Court dismissed the application.

What did the court decide?

The application to quash the trial court order and stay proceedings was dismissed. The impugned order dated 05.01.2023 was allowed.

Irshad Alias Gappa and 14 Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 3141 of 2023

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Applicant :- Irshad Alias Gappa And 14 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nipun Singh,Vivek Chaubey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Nipun Singh, learned counsel for the applicants, Sri U.P. Singh, learned counsel for the State and perused the record.

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The present application U/S 482 Cr.P.C. has been filed by the applicants- Irshad @ Gappa, Nafees, Farman, Irfan, Ahsan, Shajjad, Yunus, Anish, Saggir, Irfan, Pravej @ Lalu, Tahsim, Ummed Ali @, Dhola, Wakil and Shakil with the following prayer:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the order dated 05.01.2023 passed by the Additional Sessions Judge, Court No.4, Muzaffarnagar in Session Trial No. 1135/2019, arising out of Case Crime No. 339 of 2019, under Sections 147, 148, 149, 323, 504, 506, 336, 308, 325 and 302 I.P.C., Police Station- Budana, District Muzaffar Nagar by further directing the Additional Sessions Judge, Court No.4, Muzaffarnagar to allow the application no.42Kha filed by the applicants in Session Trial No. 1135/2019, in the interest of justice.

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It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Session Trial No. 1135/2019, arising out of Case Crime No. 339 of 2019, under Sections 147, 148, 149, 323, 504, 506, 336, 308, 325 and 302 I.P.C., Police Station- Budana, District Muzaffar Nagar, during the pendency of the present application u/s 482 of Cr.P.C. before this Hon'ble Court, otherwise the applicant shall suffer a irreparable loss."

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The facts in the present case have no bearing on the merits of the matter and as such the same are not being dilated into.

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A first information report was lodged on 13.08.2019 as Case Crime No. 339 / 2019, u/s 147, 148, 149, 323, 504, 506, 336, 308, 304 I.P.C., Police Station Budhana, District Muzaffar Nagar by Zakir against 15 named persons. Another first information report was lodged on 29.10.2019 as Case Crime No. 468 / 2019, u/s 147, 148, 149, 452, 323, 352, 354 (Kha), 395, 506, 307 I.P.C., Police Station Budhana, District Muzaffar Nagar by Mohd. Irshad against 25 named persons. The investigation concluded and a charge-sheet No. 343 of 2019 dated 26.09.2019, u/s 147, 148, 149, 323, 504, 506, 336, 308, 325, 302 I.P.C. Police Station Budhana, District Muzaffar Nagar was filed in Case Crime No. 339 of 2019 against 14 persons. A charge-sheet No. 01 dated 02.05.2020 was filed in Case Crime No. 468 of 2019, u/s 147, 148, 149, 452, 323, 352, 354 (Kha), 506, 336, 325, 504, 427 I.P.C. Police Station Budhana, District Muzaffar Nagar against 15 persons. The court concerned took cognizance upon the same vide orders dated 17.10.2019 and 08.10.2020. The said order passed in Case Crime No. 468 / 2019 was set-aside by this Court in Criminal Misc. Application U/S

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482 Cr.P.C. No. 12742 of 2021 and the matter was remanded back and further in some petitions an order was passed directing no coercive action against the respective applicants. An application dated 12.09.2022 has been filed on behalf of the applicants in Case Crime No. 339 of 2019 / S.T. No. 1135 of 2019 with the prayer that the said case is a cross case of Case Crime No. 468 of 2019 / Case No. 9936/9 of 2020 which is pending before the A.C.J.M.-Ist, Muzaffar Nagar whereas the other case has reached the stage of 313 Cr.P.C. and both the cases are cross cases and as such the proceedings of the S.T. No. 1135 / 2019 by stayed till the committal and further proceedings of Case No. 9936/9 of 2020 / Case Crime No. 468 / 2019. The said application came to be rejected vide order dated 05.01.2023 passed by the Additional District & Sessions Court No.4 / Special Judge (E.C. Act), Muzaffar Nagar. The same was numbered as Application No.42 Kha of the trial court.

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Learned counsel for the applicants argued that both the cases are cross-cases. As per the judgements rendered in the case of Nathi Lal and others vs. State of U.P. and another: 1990 (Supp) SCC 145 ; State of M.P. vs. Mishrilal (Dead) and others: (2003) 9 SCC ; Sudhir and others vs. State of M.P.: (2001) 2 SCC 688 and Pradeep Kumar Dubey vs. State of U.P. and another in Application U/S 482 No. 20241 of 2021 , the cases should be tried together by the same judge. It is argued that the trial court failed to consider that the said cases are cross-cases, they arise out of same incident and they should be decided together. It is argued that the present application be allowed and the order dated 05.01.2023 passed by the trial court be quashed and the application No. 42 Kha filed in Session Trial No. 1135 of 2019 be allowed.

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Per contra, learned counsel for the State vehemently opposed the prayer and arguments as made & advanced and argued that the trial of the present case i.e. Session Trial No. 1135 of 2019 is at the stage of 313 Cr.P.C. / recording of the statement of the accused. The entire evidence in the said case has been recorded and is complete. It is argued that the applicants have moved the application dated 12.09.2022 which has been rejected by the order dated 05.01.2023 on cogent and reasonable ground. It is argued that even till date it has not been decided that the said cases are cross-cases. The cases are moving independently. It is further argued that the High Court in Criminal Misc. Application U/S 482 No. 18844 of 2020 (Zakir vs. State of U.P. and 14 others) has vide order dated 15.12.2020 disposed of the said application with a direction to the trial court to decide the said case in accordance with law without granting any unnecessary or long adjournments to either of the parties as expeditiously as possible if there is no other legal impediment. It is argued that the said order is being complied with in all its letter and spirit. Learned counsel further argued that since the stage of trial of the present case is nearing its conclusion, the stay of proceedings at this stage is not in the fitness of things. It is argued that the present petition is devoid of any merits and deserves to be dismissed.

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After hearing the learned counsel for the parties and perusing the records, it is evident that the trial of Session Trial No. 1135 of 2019 is at the stage of 313

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Cr.P.C. / recording of statement of the accused. The other case being Case Crime No. 468 of 2019 is at the stage of committal. There is no finding of any court that the said cases are cross-cases. There is no irregularity or illegality in the order passed by the trial court.

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In these circumstances, there is no ground for interference in the matter, hence, the petition is dismissed .

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Order Date :- 14.2.2023 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Irshad Alias Gappa and 14 Others v. State of U.P. and Another

Case brief

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Irshad Alias Gappa and 14 Others v. State of U.P. and Another

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