- (1.) BY the Court.Heard Kn Mridul Rakesh, Senior Advocate and Shri Dilip Kumar on behalf of the petitioners and Shri LB. Singh, Special Public Prosecutor for the State and Sri Salil Kumar Srivastava, on behalf of private respondent-Smt. Shashi Gupta wife of Late Sri Manoj Kumar Gupta.
(2.) WRIT petition Nos. 7096 (M/B) of 2010 and 7097 (M/B) of 2010 have been filed by the petitioners under Articles 226/227 of the constitution of India for quashing the impugned order dated 23/12/2009 passed by the Special Judge (Ayodhya Prakaran), Lucknow, in Sessions Trial No.446 and 447 of 2009 (Case Crime No. 299 of 2008) under Sections 147,148,149,302,323,364,467,201, 120-B, 506 IPC and Section-7 Criminal Laws Amendment Act, PS Dibiyapur, district Auraiya, whereby the application of the petitioners for keeping the proceedings of the aforesaid Sessions Trials in abeyance till the disposal of the trial under the U.P. Gangsters and Anti-Social Activities (Prevention)Act, in short referred to as the Gangsters Act, has been rejected. It has also been prayed that a writ of Mandamus be issued for direction that the trial of the petitioners in Case Crime No. 300 of 2008 under Section 3(1) of the Gangsters Act, Police Station Dibiyapur, District Auraiya pending in the Court of Special Judge (Gangsters Act), Kanpur Nagar, shall have precedence over the trial of ST. No. 446 and 447 of 2009 pending the Court of Additional Sessions Judge/Special Judge, Ayodhya Prakaran, Lucknow.lt has also been prayed inter alia that the direction be issued that the aforementioned ST. Nos. 446 and 447 of 2009 be heard by the Court of Special Judge, Gangsters Act, Kanpur. Further, it has been prayed that the direction be also issued to stay the proceedings of Sessions Trial Nos. 446 and 447 of 2009 in the spirit of Section 12 of the U.P. Gangsters and Anti Social Activities.(Prevention) Act. It may be pointed out that the afore-captioned writ petitions were initially registered in the category of Miscellaneous Single and were heard by Learned Single Judge, who came to the conclusion that looking to the circumstances and the orders passed by the Division Bench as well as Single Judge, it would be appropriate that the matter is heard by a Division Bench and directed for placing the record before Hon'ble the Chief Justice/Hon'ble Senior Judge for nomination of the the Bench. The relevant part of the order dated 23.7.2010 reads as under: "I have carefully considered the respective submissions made by the parties. As stated above, the main relief sought by the petitioners is that the trial of S.T. Nos. 446 and 447 of 2009 pending in the court of Additional Sessions Judge/Special Judge, Ayodhya Prakaran, Lucknow should remain in abeyance, in order to give precedence to the trial of special case No. 300 of 2008 pending in the court of Special Judge/Gangster Act, Kanpur Nagar, in view of the provisions of Section 12 of the U.P. Gangsters and Anti Social Activities (Prevention) Act. From the record, it reveals that the Division Bench as well as Single Judge of this Court had issued direction for expeditious disposal of the Sessions Trial No. 446 and 447 of 2009. In the facts and circumstances stated above, it will be appropriate if the . matter is heard by the Division Bench. Therefore, the matter is referred to the Division Bench. Let the petitions be placed before the appropriate Bench after obtaining nomination from the Hon'ble Chief Justice/Hon'ble Senior Judge." Pursuant to the aforesaid order, these writ petitions were re-numbered and registered as writ petition No. 7096 (M/B) of 2010 and 7097(MB) of 2010. As the jurisdiction assigned to us by the Hon'ble the Chief Justice is Criminal Writs and Criminal Contempt for orders, admission and hearing, therefore, this writ petition has come up for orders before this Bench. As the pleadings have been exchanged between the parties, we with the consent of parities Counsel, proceeded to hear the matter finally.
(3.) IN short the facts of the case, as averred in the writ petition, are that a First INformation Report was lodged by Smt. Shashi Gupta relating to an incident dated 24.12.2008 in which her husband sufferred bodily injuries: On the basis of said F.I.R., a case on Crime No. 299 of 2008 under Sections 323,342,452,364 IPC was registered at P.S. Dibiyapur, District-Auraiya against accused Bhatia, Tyagi and another. As injured Manoj Kumar Gupta succumbed to the INjuries suffered by him, the case has been altered under Sections 147,148,149,302,323,342, 364,457,201,120-B and 506 IPC and Section 7 Criminal Law (Amendment) Act, during the investigation. It is said that on 26.12.2008, the Station Officer of PS Dibiyapur, District Auraiya submitted a Gang Chart of the petitioners for approval to the District Magistrate and after approval having been accorded an FIR against the petitioners at Crime No. 300 of 2008 under Section 3(1) of the Gangsters Act was registered at PS Dibiyapur, district Auraiya. The police after due investigation submitted a charge-sheet dated 9.7.2009 against the petitioners under the Gangsters Act in the court concerned i.e. in the Court of Special Judge (Gangsters Act), Kanpur Nagar, which took cognizance on it by an order dated 14.7.2009.;