- (1.) HEARD Mr. Dilip Kumar, learned counsel for appellants/applicants, Mr.I.B.Singh, learned Senior Advocate and Special Public Prosecutor, Mr. Shailendra Srivastava and the learned A.G.A. for the respondents.
(2.) THIS is a joint application moved on behalf of 04 appellants; namely, Shekhar Tewari, Vinay Tewari, Manoj Awasthi and Ram Babu in pending Criminal Appeal Nos. 1168 of 2011, 1166 of 2011,1167 of 2011 and 1170 of 2011, seeking certain amendments in the grounds of appeals and praying for deciding the pending appeals on the legal grounds raised through this application before entering into the merits of the case.
(3.) THE Court vide order dated 11.9.2014 had allowed the amendment in the grounds of appeal and provided that the matter shall be considered at the time of final hearing. The instant application is accordingly hereby decided by this order. Learned counsel for appellants/applicants submitted that the impugned order of conviction passed by the trial court suffers from patent illegality and without jurisdictional authority in law. It is submitted that in view of Section 12 of U.P. Gangster and Anti -social Activities (Prevention) Act, 1986 (hereinafter referred to as 'Gangsters Act'), the trial under this Act of any offence by Special Court shall have precedence over the trial of any case against the accused in any other Court, as such the proceedings before the trial court in Case Crime No. 299 of 2008 under the Indian Penal Code should have remained in abeyance till conclusion of the proceedings in the trial court under Section 3(1) of Gangster Act registered as Case Crime No. 300 of 2008 which was pending before the Special Judge, Gangster Act, Kanpur Nagar.;