- (1.) This petition has been preferred challenging the order dated 02.04.2016 passed by the Additional Sessions Judge/FTC, court no. 1, Gonda in S.T. No. 84/15 arising out of crime no. 254/14, under Sections 147, 148, 149, 302/34 IPC relating to P.S.- Wazirganj, District Gonda, whereby the application moved by the petitioner for keeping in abeyance the proceedings of S.T. No. 84/15 in view of Section 12 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act has been rejected.
(2.) Heard Sri Jyotindra Mishra, Senior Advocate, assisted by Sri R.P. Mishra, learned counsel for the petitioner, Sri I.P. Singh, learned counsel for private respondent, Sri Rishad Murtaza, learned Government Advocate and Sri L.P. Mishra, Amicus Curiae.
(3.) Submission of learned counsel for the petitioner is that Section 12 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act mandates that all other cases against the accused charge-sheeted under the Gangsters Act will have to be placed in abeyance and trial under this Act by Special Court shall have precedence. For the sake of ready reference, Section 12 of the Act is being reproduced below :- "Trial by Special Courts to have precedence.- The trial under this act of any offence by Special Court shall have precedence over the trial of any other case against the accused in any other Court (not being a Special Court) and shall be concluded in preference to the trial of such other case and accordingly the trial of such other case shall remain in abeyance.";