Court No. - 52 Case :- APPLICATION U/S 482 No. - 20668 of 2009 Petitioner :- Sushil Kumar Gautam Respondent :- The State Of U.P. And Another Petitioner Counsel :- Vinod Kumar Srivastava Respondent Counsel :- Govt. Advocate,Mithilesh Kumar Gupta Hon'ble Arvind Kumar Tripathi,J.
This Criminal Misc. Application under Section 482 Cr.P.C.
has been filed with the prayer to allow this application and
quash order 7.7.2009 passed in S.T. No. 212 of 2009 passed
by Apar Sessions Judge/Fast Track Court No. 1, Varanasi
arising out of order dated 6.5.2009 passed in Criminal case
no. 21179 of 2008 (arising out of case crime no. 519 of
2007), under Sections 504, 506 IPC, P.S. Lanka, District-
Varanasi.
Heard learned counsel for the applicant and learned A.G.A.
and perused the record.
Learned counsel for the applicant submitted that the First
Information Report lodged from side of the applicant is of a
different incident. However, both cases lodged against and
from the side of the applicant have been transferred for the
Joint trial alongwith the present case before the Additional
Session Judge, Fast Track Court. Hence the impugned order
dated 7.7.2009 passed by Additional Sessions Judge, Fast
Track Court No. 1 Varanasi in Session Trial No. 212 of 2009
is liable to be set aside.
Learned A.G.A. and counsel for the opposite party no. 2
submitted that since as per allegation the incident dated
9.8.2007 is mentioned the first information report and
complaint of both the parties, hence order was passed trial of
both the cases by the same court. The application to return the
case was rightly rejected by the impugned order.
From a perusal of the record, it appears that in both the First
Information Reports, apart from the incident dated 9.8.2007,
incidents of other dates have also been mentioned. In view of
the allegation, it cannot be said that the court below has
committed any error in directing for joint trial of the cases. At
this stage no interference is required in the impugned order.
Accordingly, this application is rejected.
Order Date :- 12.1.2010
ANT