Allahabad High Court
Nabbu And Others vs State Of U.P. on 27 July, 2010
Court No. - 45 Case :- APPLICATION U/S 482 No. - 19974 of 2010 Petitioner :- Nabbu And Others Respondent :- State Of U.P. Petitioner Counsel :- Mohit Singh Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants, Sri Mazar Ullah, learned counsel appearing for the complainant and learned A.G.A. for the State respondent.
The present 482, Cr.P.C. application has been filed for quashing the order dated 5.5.2010 passed by Additional Sessions Judge, court no.1, Rampur in sessions trial no. 261 of 2008 under Section 147, 148, 149, 307, 302, 504, 506 IPC arising out of case crime no. 127 of 2008.
It is contended by the learned counsel for the applicants that the applicants are accused in sessions trial no. 261 of 2008, aforementioend, and they are also accused in case crime no. 411 of 2008 under Section 3(1) of U.P. Gangsters Act pending before the Special Judge, Gangster Act, Moradabad. It is also contended that as per Section 12 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, the trial under this Act of any offence by Special Court shall have precedence over the trial of any other case against the accused in any other Court (not being a Special Court) and shall be concluded in preference to the trial of such other case and accordingly the trial of such other case shall remain in abeyance. It is further contended that the applicant moved an application before the court below for deciding the case crime no. 411 of 2008 under Section 3(1) of U.P. Gangsters Act first before deciding the sessions trial no. 261 of 2008, which application was rejected on the ground that the sessions trial no. 261 of 2008 is at the stage of conclusion and only judgment has to be delivered. It is next contended that this Court had directed that the matter may be decided expeditiously.
It is contended by the learned counsel for the complainant that a direction may be issued to the Special Judge, Gangster Act, Moradabad to conclude and decide the case crime no. 411 of 2008 within a specified period and thereafter sessions trial no. 261 of 2008 may be directed to be decided within a specified time.
Learned A.G.A. has no objection to the contention raised by the learned counsel for the applicants.
Considering the above this application is disposed of finally with the direction to the Special Judge, Gangster Act, Moradabad to conclude and decide the case crime no. 411 of 2008 under Section 3(1) of U.P. Gangster Act, expeditiously, after hearing the parties, preferably within a period of three months from the date of production of certified copy of this order before the said court. It is further directed that after decision of the said case sessions trial no. 261 of 2008 shall also be concluded and decided, expeditiously. Learned counsel for the applicants undertakes to file the certified copy of this order before the Special Judge, Gangster Act, Moradabad within ten days from today.
For a period three months from today or till the decision is taken in case crime no. 411 of 2008, whichever is earlier, judgment in sessions trial no. 261 of 2008 shall not be delivered.
Order Date :- 27.7.2010 Ashish