Barkat Ali Zaidi, J. - (1.) The applicant has come to this Court under Section 482 Cr.P.C. with a request that he be spared trial ( S.T. No. 371 of 2006) under Sections 147,148,149,307,504,506 and 323 I.P.C. because the other co-accused in the said case in Crime No. 263 of 1995 ( S.T. No. 642 of 2001) were acquitted by the Addl. Sessions Judgbe, Court No. 1, Meerut vide judgment dated 15.3.2003.
(2.) The trial of the applicant was separated because he had not appeared and now the applicant says that the evidence against him will be similar to that adduced against the other co-accused who have been acquitted, he deserves the benefit of Principal of Stare Decisis and should not be subjected to trial.
(3.) The applicant had submitted an application under Section 482 Cr.P.C. earlier in this regard with the same request, on which Mr. Justice Vinod Prasad had passed the following order:- " Heard learned counsel for the applicant and the learned A.G.A. It is contended by the learned counsel for the applicant that in this very matter, son of the other co-accused persons were tried and were acquitted. He contended that since the co-accused with identical allegations have already been acquitted, the applicant could not prosecuted. He bases of his argument on the principal of Stare Decisis. The applicant, has not approached the trial court for this purpose nor has claimed discharge under the Act. The applicant, has permitted to file a discharge application on or before 10th April,2006 before the trial court. The Trial Court will consider and decide the same by a reasoned order within a period of one month from the date of its filing . For a period of two months further proceedings shall remain stayed. With the aforesaid directions, this application is finally disposed of. Sd/- Vinod Prasad, J. 20.3.2006.";