Javed Pasha Alias Javed Akhtar ... vs State Of U.P.
2022 Latest Caselaw 21052 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 88
 

 
Case :- APPLICATION U/S 482 No. - 37083 of 2022
 

 
Applicant :- Javed Pasha Alias Javed Akhtar Pasha And 2 Others
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Kapil Tyagi,Ashish Tyagi
 
Counsel for Opposite Party :- G.A.,Ajay Kumar Srivastava,Manish Dubey
 

 
Hon'ble Syed Aftab Husain Rizvi,J.

Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned AGA for the State.

This application U/s 482 Cr.P.C. has been filed to quash the order dated 18.10.2022 passed by Additional Sessions Judge, court no.11 in Sessions Trial No.327 of 2005 (State vs. Javed Pasha and ors) arising out of case crime no.534 of 2004 U/s 147, 148, 149, 307, 504, 324, 395A, 396 IPC and section 7 of Criminal Law Amendment Act, P.S. Shahibabad, District Ghaziabad.

It is contended by learned counsel for the applicants that the aforesaid sessions trial is cross case of sessions trial no.1363 of 2005, crime no.534A of 2004. A prayer was made before the trial court for simultaneous trial of both the cross cases and it was also prayed that at least judgment should be pronounced simultaneously in both the cross cases. But the learned trial court by the impugned order dated 18.10.2022 has refused the aforesaid prayer and has proceeded in this case separately.

Learned counsel for opposite party no.2 submitted that as per his information, both the cases have been clubbed together by a subsequent order.

The perusal of the impugned order, reveals that the learned trial court has refused the prayer of the applicant-accused only on the ground that this sessions trial is of the year 2005 and related to a heinous crime for the offence U/s 302 IPC and is covered by action plan of the High Court. The learned trial court has not considered the aspect that whether the sessions trials are cross cases or not. There is no finding of the learned trial court that this sessions trial is not a cross case of the sessions trial no.1363 of 2005. If both the sessions trial are cross cases then under law simultaneous trial is required and at least judgment should be pronounced simultaneously.

Considering the submissions of both the parties, this application U/s 482 Cr.P.C. is disposed of with a direction that the learned trial court shall consider whether two sessions trial cases are cross cases or not. If the sessions trial are cross cases then the trial court will follow the procedure as provided by law and judgment should be pronounced simultaneously in both the sessions trial.

Order Date :- 14.12.2022

C. MANI