Allahabad High Court
Mohammad Shahid Siddiqui vs State Of U.P. Thru. Addl. Chief Secy. ... on 25 June, 2021
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- U/S 482/378/407 No. - 3235 of 2020 Applicant :- Mohammad Shahid Siddiqui Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home. Lko & Others Counsel for Applicant :- Nadeem Murtaza,Sudhanshu S. Tripathi Counsel for Opposite Party :- G.A.,Saurabh Srivastava Hon'ble Rajeev Singh,J.
The Court convened through video conferencing.
"Heard, Sri Sudhanshu S. Tripathi, learned counsel for the applicant, Sri Vipul Gupta, learned A.G.A. for the State and perused the record.
By means of this petition under Section 482 CrPC, the petitioner is challenging the order dated 11.11.2020 passed by learned Sessions Judge, Raebareli, whereby direction has been issued for conclusion of trial in cross case also.
Learned counsel for the applicant has submitted that by way of impugned order, Sessions Judge, Raebareli withhold the trial of S.T. No.429 of 2015 (State Vs. Sailendra Singh) & S.T. No.473 of 2015 (State Vs. Rashid Siddiqui) arising from Case Crime No.183 of 2015, under Sections 302 and 120-B I.P.C., Police Station Colonel Ganj, District Allahabad and in the same incident, another FIR as Case Crime No.193 of 2015, under Sections 323, 353 and 307 I.P.C., Police Station Colonel Ganj, District Allahabad was also withhold. In both the cases, the proceedings arising out of Case Crime No.183 of 2015 & 193 of 2015 (supra) were transferred to Sessions Court at Raebareli and District Judge, Allahabad was directed to transmit the case, expeditiously and in any event by 08.09.2015. He further submitted that investigation of Case Crime No.193 of 2015 (supra) has not been concluded till today, and in Case Crime No.183 of 2015, charge-sheet was already filed and trial is to be concluded, but the learned Sessions Judge wrongly interpreted the direction of order dated 28.08.2015 of Seven Judges in PIL No.15895 of 2015 and withhold the proceedings of S.T. No.429 of 2015 and 473 of 2015, therefor, the present petition is filed.
Learned A.G.A. as well as learned counsel for the private respondents oppose the prayer of applicant and submitted that the intention of larger Bench of this Court was to proceed the trial collectively in both the cases, as Case Crime No.183 of 2015 & 193 of 2015 (supra) and both the cases arose from one incident, therefore, there is no illegality in the order passed by the court below by asking the status of Case Crime No.193 of 2015.
Learned counsel for the private respondent has informed that the investigation of Case Crime No.193 of 2015 is still not concluded. Learned Counsel for the private respondent further submitted that earlier the applicant filed an application (u/s 482 Cr.P.C.) No.1092 of 2016, which was disposed of with the direction that the learned Session Judge, Raebareli shall ensure that the trial be concluded, expeditiously, in accordance with law as directed by Full Bench of this Court, therefore, same prayer cannot be made again in the present application (u/s 482 Cr.P.C.).
Considering the arguments advanced by the counsel for the parties and going through the record, it is evident that one incident was taken place in the jurisdiction of Police Station Colonal Ganj, District Allahabad and two FIR were lodged i.e. FIR/Case Crime No.183 of 2015 and FIR/Case Crime No.193 of 2015 (supra), and thereafter, the Hon'ble Seven Judges Bench of this Court directed on 28.08.2015 that the proceedings of both the cases be transferred to Sessions Court, Raebareli. It also reveals that after investigation of Case Crime No.183 of 2015, the Police report was transmitted to the Court of Session, Raebareli, which was registered as S.T. No.429 of 2015 & 473 of 2015 at Sessions Court, Raebareli. It is also undisputed by the counsel for the parties that till today, investigation of connected Case Crime No.193 of 2015 (supra) has not been concluded, even after passing more than five years from the date of incident.
The Senior Superintendent of Police, Allahabad is directed to ensure the conclusion of investigation of Case Crime No.193 of 2015, under Sections 323, 353 and 307 I.P.C., Police Station Colonel Ganj, District Allahabad within two months from today and transmit the police paper to Session Judge, Raebareli as directed by Hon'ble Larger Bench in PIL No.15895 of 2015.
In view of above observation/direction, the application (u/s 482 Cr.P.C) is disposed of.
The Senior Superintendent of Police, Allahabad is also directed to file affidavit of compliance before this Court by 18.10.2021.
Senior Registrar of this Court is directed to communicate the order to Session Judge, Raebareli, Chief Judicial Magistrate, Allahabad and Senior Superintendent of Police, Allahabad for necessary compliance.
Order Date:25.06.2021 Amit/-"
The aforesaid order was dictated in the open Court, but at the time of signing of the order certain facts came into notice, therefore, aforesaid order passed in open Court is hereby recalled in view of the judgement passed in the Case of Kushalbahi Ratanbhai Rohit V. State of Gujarat, reported in (2014) 9 SCC 124: (2014) 6 SCC (Cri) 15:2014 SCC OnLine SC 424.
In view of above, list this petition before another Bench.
Order Date :- 25.6.2021 Amit/-