Akhtar Husain Khan, J. - (1.) PRESENT petition has been moved by petitioner -Faujdar Singh, under Section 482 read with Section 483 of Code of Criminal Procedure (in short 'Cr.P.C.') with prayer to quash the order dated 25.09.2012 passed by learned Special Judge, CBI, Court No. 2, Lucknow along with entire proceedings of Cases No. 23/96, 24/96, 25/96, 26/96, 27/96, 28/96, 29/96, 30/96, 31/96, 32/96, 33/96, 34/96, 35/96, 36/96, 37/96, 38/96, 39//96, 40/96, 41/96, 42/96, 43/96, 44/96, 45/96, 46/96, 47/96, 48/96, 49/96, 50/96, 51/96, 52/96, 53/96, 54/96 and 55/96 arising out of same Crime No. RC -63(A)/88, Police Station CBI/ACB, Lucknow to prevent the abuse of process of court and to give effect to the provisions of Section 300 of Cr.P.C.
(2.) I have heard Sri P. Chakravarty, learned counsel for petitioner and Sri Bireshwar Nath, learned counsel for opposite party -Central Bureau of Investigation (in short 'CBI'). I have perused the records. Learned counsel for the petitioner has submitted that on 29.12.1988, a first information report at Crime No. 63 -A/1988 was registered in Police Station CBI/ACB, Lucknow against petitioner and the case was investigated by CBI. After having completed investigation, CBI submitted 36 charge -sheets against petitioner with regard to the same FIR, whereupon, special court took cognizance and 36 criminal cases were registered against petitioner. Thereafter, at the time of framing of charges, it was submitted before the trial court on behalf of petitioner that all the cases should be clubbed together and petitioner should be charged and tried together, whereupon, learned Special Judge passed order under Section 219 of Cr.P.C. and ordered that out of 36 cases registered against petitioner, each bunch of three cases shall be tried together and in each bunch of three cases, evidence shall be recorded in leading case mentioned by the court. Thus, 36 cases registered against petitioner were converted into 12 leading cases, whereas, copies under Section 207 of Cr.P.C. were provided to petitioner only in one case i.e. Case No. 38 of 1996 out of 36 cases.
(3.) LEARNED counsel for the petitioner has contended that all of the 36 cases are similar and based on same evidence, therefore, all the cases should have been tried together in view of provisions of Section 219 of Cr.P.C.;