Disposed

Baj Bahadur Singh v. State of U.P. and Another

Allahabad HC11 Sept 2024A482/30565/2024

Case brief

AI extract

What is this about?

The alleged gangster applicant applied to quash an order dismissing his Section 12 U.P. Gangsters Act plea seeking stay of parallel proceedings. The bench allowed the application, directing the Gangster Act court to conclude the trial within six months so it can take precedence.

What did the court decide?

Directed that the Special Judge (Gangsters Act) Allahabad proceed to expedite proceedings and conclude the case within six months. Continued the Court No. 19 proceedings but stayed judgment pronouncem

Baj Bahadur Singh vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:148680

¶2

Court No. - 78

¶3

Case :- APPLICATION U/S 482 No. - 30565 of 2024

¶4

Applicant :- Baj Bahadur Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rizwan Ahamad Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sanjay Kumar Pachori,J.

¶6

Sri Rizwan Ahamad, learned counsel for the applicant and Sri Manoj Kumar Singh, learned A.G.A. for the State are present.

¶7

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 30.8.2024 passed by Additional Sessions Judge, Court No. 19, Prayagraj in Session Trial No. 403 of 2010 (State Vs. Balwant Bahadur Singh and others) arising out of case crime No. 287 of 2008, under Sections 147, 148, 149, 307, 302, 120-B, I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station- Karchana, District Prayagraj, whereby the trial court dismissed the application under Section 12 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.

¶8

Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case and position of law. It is further submitted that two Session Trial have been pending against the applicant as Session Trial No. 403 of 2010, under Sections 147, 148, 149, 307, 302, 120-B, I.P.C. and Section 7 of Criminal Law Amendment Act, pending in the court of Additional Sessions Judge, Court No. 19, Prayagraj and another Special Case No. 96 of 2009, pending in the court of Special Judge (Gangster Act) Allahabad. The Session Trial of the year of 2010 is pending for prosecution evidence.

¶9

The application under Section 12 of the U.P. Gangsters and AntiSocial Activities (Prevention) Act, 1986 has been filed for kept in abeyance the proceedings of Session Trial till the completion of case under the Gangster Act.

¶10

Relying on the provision of Section 12 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, wherein it has been provided that trial under the Gangsters Act has to take precedence

¶11

over other trial, which may be concluded after the proceedings in Session Trial.

¶12

Learned A.G.A. could not advance contrary position in law.

¶13

In view of above, present application is disposed of with a direction that Special Judge (Gangsters Act) Allahabad may proceed to expedite the proceedings in Gangsters case and conclude it as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order.

¶14

The proceedings of Session Trial No. 403 of 2010 may continue, however, the judgment may not be pronounced before the judgment in a Gangster case.

¶15

Order Date :- 11.9.2024 T. Sinha

¶16

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Baj Bahadur Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Baj Bahadur Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dharm Raj and 2 Others vs State of Up and Another

Monu vs State of U.P.

Vishal Singh @ Vishal Kumar Singh and 2 Others vs State of U.P. and Another

Chhote Khan vs State of Up

Abdul Salam and Another vs State of U.P. and Another

Sarvar Alam Warsi and 4 Others vs State of U.P. and Another