Allahabad High Court
Mohd Yakoob And 3 Others vs State Of U.P. And Another on 21 August, 2023
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:167821
Court No. - 89
Case :- APPLICATION U/S 482 No. - 30344 of 2023
Applicant :- Mohd Yakoob And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mohd. Afzal
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 19.07.2023 passed by Additional District & Sessions Judge, Court No.6, Bijnor in S.T. No.428 of 2008 (State vs. Iqbal and others), under Sections 147, 148, 324, 332, 336, 307 I.P.C. & Section 7 of Criminal Law (Amendment Act), 1932, PS Syohara, District Bijnor. Further prayer has been made to commit the Criminal Case No.5554 of 2019 (Mushtaqeem vs. Anil ) under sections 147, 323, 324 I.P.C., Police Station Syohara, District Bijnor, pending in the court of Chief Judicial Magistrate, Bijnor to the court of Additional District & Session Judge, Court No.6, Bijnor in Session trial No.428 of 2008 and further direct the courts below to clubbed tried and decide the Criminal Case No.5554 of 2019, under sections 147, 323 & 324 I.P.C., Police Station Syohara, District Bijnor pending in the court of Chief Judicial Magistrate, Bijnor with Session Trial No.428 of 2008.
3. Learned counsel for the applicants submits that applicants are accused in Session trial No.428 of 2008, under sections 147, 148, 324, 332, 336, 307 I.P.C. & Section 7 of Criminal Law (Amendment Act), 1932. Learned counsel for the applicants submits that there is admitted law that if there is cross FIR, both cases should be heard and decided by the same court. In spite of letter of learned Additional & Session Judge dated 16.01.2012 and thereafter various reminders, case is not committed to the Court of Session where cross case in pending application under sections 147, 323 & 324 I.P.C. is not committed to the Court of Session. Applicant has also moved application that the case be committed to Court of Session. It is necessary to just decision of the case that both the proceedings should heard together and decided. In this regard, he has placed reliance over judgment passed by the Apex Court in Sudhir and others vs. State of U.P. (2001) 2 Supreme Court Cases 688. Relevant paras 8 & 9 are being quoted below:-
"8. It is a salutary practice, when two criminal cases relate to the same incident, they are tried and disposed of by the same court by pronouncing judgments on the same day. Such two different versions of the same incident resulting in two criminal cases are compendiously called "case and counter case" by some High Courts and "cross cases" by some other High Courts. Way back in nineteen hundred and twenties a Division Bench of the Madras High Court (Waller, and Cornish, JJ) made a suggestion (In Re Goriparthi Krishtamma - 1929 Madras Weekly Notes 881) that "a case and counter case arising out of the same affair should always, if practicable, be tried by the same court, and each party would represent themselves as having been the innocent victims of the aggression of the other."
9. Close to its heels Jackson, J, made an exhortation to the then legislature to provide a mechanism as a statutory provision for trial of both cases by the same court. The learned judge said thus:
"There is no clear law as regards the procedure in counter cases, a defect which the legislature ought to remedy. It is a generally recognized rule that such cases should be tried in quick succession by the same Judge, who should not pronounce judgment till the hearing of both cases is finished."
4. Learned A.G.A. has vehemently opposed the contention raised by learned counsel for the applicants.
5. In view of the Apex Court judgment in Sudhir and others (supra), the Chief Judicial Magistrate, Bijnor is, hereby, directed to commit cross case to Court of Session within 15 days from the date of production of certified copy of this order. Till then judgment shall not be pronounced in Session Trial No.428 of 2008 (State vs. Iqbal and others), under Sections 147, 148, 324, 332, 336, 307 I.P.C. & Section 7 of Criminal Law (Amendment Act), 1932, PS Syohara, District Bijnor.
6. The application u/s 482 Cr.P.C. is, accordingly, disposed of.
Order Date :- 21.8.2023
SKD
