Indra Bhushan @ Indu Bhushan vs State Of U.P.
2022 Latest Caselaw 12321 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- APPLICATION U/S 482 No. - 19874 of 2022
 

 
Applicant :- Indra Bhushan @ Indu Bhushan
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Manish Singh,Sushma Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. The application of applicant that cross cases be tried together was rejected vide order dated 24.05.2022 passed by Additional Sessions Judge, Fast Track Court No. 1, District Bhadohi on the ground that in one of the case order of committal was not passed.

2. Learned counsel for applicant, on instruction, submits that after the said order case is committed to the Court of Session and, therefore, in view of the judgment passed by Supreme Court in Nathi Lal vs. State of U.P., 1990 Supp. SCC 145 the cross cases may be tried together. It is apprehension of counsel for applicant that a view has been taken by Trial Court while passing order dated 24.05.2022 that both cases can be tried by different judges also which is contrary to Nathi Lal (supra).

3. The apprehension of counsel for applicant is baseless as in the last para of order dated 24.05.2022 the Trial Court has kept open to consider the issue to try both cases in accordance with law after committal. However, considering the submissions of learned counsel for applicant, this application is disposed of that Trial Court shall now take a decision to try both cases together in the light of judgment passed in Nathi Lal (supra), if there is no other legal impediment.

Order Date :- 7.9.2022/AK

(Sl. No. 22 of fresh list containing 276 cases)