RAVINDRA SINGH,J. - (1.) THE State of U.P. has moved Criminal Misc. Application No. 13434 of 2011 against the order dated 8.4.2011 passed by learned Additional Sessions Judge, Court No.3, Bhadohi-Gyanpur in S.T.No. 97 of 2007, whereby the application filed by the respondent Udai Bhan Singh alias Doctor Singh permitting him to attend the Tilak and Marriage ceremonies of his sister's daughter in police custody has been allowed and the Jail Superintendent Mirzapur has been directed to release the accused respondent Udai Bhan Singh alias Doctor Singh from the jail on 25.4.2011 at 11.00 A.M. in the police custody to attend the Tilak and Marriage ceremonies of his sister's daughter upto 29.4.2011, after attending the marriage ceremony, the respondent Udai Bhan Singh alias Doctor Singh be admitted to the jail on 30.4.2011 at 5.00 P.M.and the order dated 23.4.2011 passed by the learned Additional Sessions Judge, Court No.,3 Bhadohi-Gyanpur whereby the application filed by the side of the prosecution showing the difficulties in making the compliance of the order dated 8.4.2011 and having the prayer not to release the respondent Udai Bhan Singh alias Doctor Singh in police custody, has been rejected. The Criminal Misc. Application No. 13566 of 2011 has been filed by Smt. Ram Lali Mishra with a prayer to quash same order dated 8.4.2011 passed by learned Additional Sessions Judge, Court No. 3, Bhadohi- Gyanpur in S.T.No. 97 of 2007.
(2.) THE Criminal Misc. Application No. 13868 of 2011 has been moved by the State of U.P. against the order dated 22.4.2011 passed by learned Additional Sessions Judge, Court No. 3, Bhadohi- Gyanpur in S.T.No. 60-A of 2007 whereby the application filed by the accused respondent Sandeep Singh alias Pintu Singh having the prayer that he may be permitted to attend the marriage of his phupheri sister Deep Shikha Singh scheduled on 29.4.2011 at Bhaghal Chhawni, Gopiganj, District Sant Ravi Das Nagar ( Bhadohi) in police custody has been allowed with a direction prayer that after attending the marriage, he shall be admitted to Central Jail, Fatehgarh on 30.4.2011 at 5.00 P.M. In the above mentioned applications, the issue involved is common, therefore, the above mentioned applications are being disposed of by a common order. The facts, in brief, of this case are that the respondent Udai Bhan Singh alias Doctor Singh is detained in the district jail, Mirzapur, he is facing the proceedings of the trial of S.T.No.97 of 2007 under section 307, 120-B I.P.C., Police Station Gopi Ganj, pending in the court of learned Additional Sessions Judge, Court No.3 Bhadohi- Gyanpur, the accused respondent Sandeep Singh alias Pintu Singh is detained in Central Jail, Fatehgarh, District Farrukhabad, he is facing the proceedings of S.T.No. 60A of 2007 under section 307, 120-B I.P.C., Police Station Gopi ganj, District Sant Ravi Das Nagar. Both the accused respondents have been detained in district Jail Mirzapur and Central Jail Fatehgarh, respectively , by the State Government. The accused respondent Sandeep Singh alias Pintu Singh is nephew of accused respondent Udai Bhan Singh alias Doctor Singh. The Tilak and Marriage ceremony of Deep Shikha Singh, who is sister's daughter of the accused respondent Udai Bhan Singh alias Doctor Singh and phupheri sister of the accused respondent Sandeep Singh alias Pintu Singh is scheduled on 29.4.2011, prior to that the Tilak ceremony is also scheduled. To attend these ceremonies, the accused respondents moved an application in the court of learned Additional Sessions Judge,Court No. 3 Bhadohi- Gyanpur who has allowed them to attend the above mentioned ceremonies in the police custody vide orders dated 8.4.2011 and 22.4.2011, respectively. The accused respondents are having criminal antecedents, they are involved in many other Criminal cases also , in those cases also, they are detained in jail, the accused respondent Udai Bhan Singh alias Doctor Singh has been convicted, the order of conviction has become final, on these grounds, the application was moved in the court of learned Additional Sessions Judge, Court No.3 Bhadohi-Gyanpur not to release the accused respondent Udai Bhan Singh alias Doctor Singh in police custody to attend the marriage ceremony, the same application has been rejected on 23.4.2011.
(3.) THE Criminal Misc. Application No. 13566 of 2011 has been filed along with urgency application on 24.4.2011( Sunday) , considering the urgency, the Hon'ble the Chief Justice nominated the bench of Hon'ble A.K.Tripathi, J, His Lordship has passed the order on 24.4.2011 at his residence, by which the operation of the orders dated 8.4.2011 and 23.4.2011 was stayed. Thereafter, these matters have come before this Court which is regular court. Heard Sri A.K.Sand, learned Additional Government Advocate for the State of U.P., Sri G.S.Chaturvedi, Senior Advocate assisted by Sri Anil Tiwari, Sri Rajesh Chandra Dwivedi, Sri L.K.Dwivedi on behalf of Smt. Ram Lali Mishra. Sri Satish Trivedi, Senior Advocate, Sri U.N.Sharma, Senior Advocate assisted by Sri S.P.Singh Parmar appearing on behalf of respondent Udai Bhan Singh.;