Disposed

Jakir Alias Munshi v. State of U.P.

Allahabad HC20 Feb 2023A482/44010/2022

Case brief

AI extract

What is this about?

The Single Judge disposed of an application seeking clubbing of two sessions trials arising from the same incident. The Court directed the applicant to approach the District Judge to seek transfer and clubbing and held it was not appropriate to express an opinion on the merits at this stage.

What did the court decide?

Applicant permitted to move appropriate application before the concerned District Judge within four weeks.

Jakir Alias Munshi Vs State of U.P. — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 49

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Case :- APPLICATION U/S 482 No. - 44010 of 2022 Applicant :- Jakir Alias Munshi Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Nath Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar Nigam,J.

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Heard Shri Narendra Nath Tripathi, learned counsel for the applicant and learned A.G.A. for the State.

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The present application u/s 482 Cr.P.C. has been filed for a direction to the Courts below to club Sessions Trial No.860 of 2022, State vs. Akram and others, under Sections 147, 148, 149, 307, 504 IPC, Police Station - Asmauli, District - Sambhal, arising out of Case Crime No.307 of 2021, pending before the Additional District & Sessions Judge/Rape Cases and POCSO Act, Sambhal at Chandausi and Sessions Trial No.194 of 2020, State vs. Saleem and others, under Sections 302, 504, 34, 307 IPC, Police Station - Asmauli, District - Sambhal, arising out of Case Crime No.127 of 2020, pending before the Additional District & Sessions Judge, Sambhal, and to decide both the cases simultaneously.

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It has been stated by learned counsel for the applicant that the First Information Report was lodged by Danish s/o Mahmood, which was registered as Case Crime No.127 of 2020, under Sections 302, 504, 34 IPC, Police Station - Asmauli, District - Sambhal, against the Saleem s/o Babu, Titu @ Shane s/o Alam and Anazil s/o Not known,

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As per the First Information Report aforementioned, the incident took place on 16.4.2020 at about 12:30 p.m. and First Information Report was lodged on 16.4.2020 itself. The place of occurrence of the alleged incident is Jungle Gram Ram Nagar. In the aforesaid case, Mahmood and Iliyas died because of the alleged incident aforementioned. It has been further stated

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that another First Information Report was lodged by the applicant - Jakir @ Munshi, in Case Crime No.307 of 2021, under Sections 147, 148, 149, 307, 504 IPC, Police Station - Asmauli, District - Sambhal, implicating seven persons namely Danish s/o Mahmood, Farman s/o Mahmood, Anas s/o Mahboob, Rashid s/o Maqsood, Mahboob s/o Ishytiyak, Jubaid s/o Imami and Akram s/o Chunan. In the First Information Report, the date and place of occurrence is the same. In the aforesaid incident, Saleem s/o Babu, Titu alias Shane received injuries. It was further stated that applicant tried to lodge the FIR but the same was not registered by the police and it was only after an order, passed by the learned Magistrate on an application, moved by the applicant under Section 156(3) Cr.P.C. (registered as Misc. Case No.50 of 2021, Jakir @ Munshi vs. Danish and others), the First Information was lodged.

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It was further stated by learned counsel for the applicant that police after investigation submitted a charge-sheet in both the cases and separate session trial numbers being Sessions Trial No.860 of 2022, State vs. Akram and others (Case Crime No.307 of 2021) and Sessions Trial No.194 of 2020, State vs. Saleem and others (Case Crime No.127 of 2020), are pending before two different Courts i.e. Sessions Trial No.860 of 2022, State vs. Akram, is pending before the Additional Sessions Judge-II, Sambhal at Chandausi and Sessions Trial No.194 of 2020, State vs. Saleem and others, is pending before the Additional District & Sessions Judge/Rape Cases and POCSO Act, Sambhal at Chandausi, and are at different stage of trial.

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It has been contended by learned counsel for the applicant that as both the sessions trial relates to the same incident, they are to be clubbed together and decided by the same Court so that conflicting judgments may not be passed.

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Per contra, learned AGA submitted that present 482 Cr.P.C. application is

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not maintainable for the reason that no application has been made by the applicant before the concerned District Judge, under Section 408 Cr.P.C. that transfer of session trial to one Court on the grounds raised hereinbefore.

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Without going into the maintainability of the present applicant, it is provided that the applicant before this Court is permitted to move an appropriate application before the concerned District Judge for redressal of his grievances, within a period of four weeks from today. In case, such an application is made by the applicant before the District Judge, Sambhal at Chandausi, the same may be decided expeditiously, in accordance with law, within further period of four weeks from the date of production of certified copy of this order provided there is no other legal impediment.

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It is made clear that this Court has not expressed any opinion on the merits of case.

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With the aforesaid directions, this application stands disposed of .

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Order Date :- 20.2.2023 Rishabh

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[Manish Kumar Nigam, J.]

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Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad

Jakir Alias Munshi v. State of U.P.

Case brief

What is this about?

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Jakir Alias Munshi v. State of U.P.

Case brief

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