Ajai Lamba, J. - (1.) This petition has been filed under Section 482 CrPC in challenge to order dated 6.5.2008, passed by Addl. Sessions Judge-I/Fast Track Court No.5, Gonda in Sessions Trial No.245 of 1987 State versus Raj Narayan Shukla and others in Crime No.57/1987 under Sections 147, 148, 149, 323, 325, 302 I.P.C., P.S. Tarabganj, district Gonda, placed on record as Annexure No.1.
(2.) A reference to pleadings indicates that the petitioner along with others is being prosecuted in Crime No.57 of 1987 under Sections 147, 148, 149, 323, 325, 302 I.P.C., P.S. Tarabganj, district Gonda vide Sessions Trial No.245 of 1987 titled "State versus Raj Narayan Shukla and others in the Court of Addl. Sessions Judge-I/Fast Track Court No.5, Gonda. It further appears that the petitioner had initiated a cross case bearing Crime No.57A of 1987 under Sections 325, 323, 504, 506 I.P.C. in police station Tarabganj, district Gonda against six accused namely Arun Kumar, Devendra Nath, Radhey Shyam, Harish Chander, Kailash Nath and Haushila Prasad. The investigating officer submitted charge-sheet in the cross-case lodged by the petitioner against the accused except Arun Kumar and Devendra Nath. The case is being tried as Sessions Trial No.227 of 1993 State versus Radhey Shyam and others. It further appears that after recording statements of injured witnesses in the case initiated at the instance of the petitioner [Session Trial No.227 of 1993 ], an application under Section 319 CrPC was filed which was allowed by the trial Court vide order dated 17.3.2008. Consequently, Arun Kumar and Devendra Nath were summoned as additional accused to stand trial in S.T.No.227 of 1993 under Sections 325, 323, 504, 506 I.P.C. Arun Kumar and Devendra Nath aggrieved by the order of summoning under Section 319 CrPC filed Criminal Misc. Case No.1472 of 2008 in the High Court titled, "Arun Kumar Shukla and another versus State of U.P. and another. The proceedings in S.T. No.227 of 1993 were stayed vide order dated 28.4.2008 (Annxure-2). The said petitioners prayed for stay in the cross case [Sessions Trial No.245 of 1987 ] which was refused by the High Court vide order, Annexure No.2.
(3.) Perusal of the impugned order indicates that the petitioner made an application before the trial Court for stay of further proceedings in S.T. No.245 of 1987. The application has been dismissed vide impugned order dated 6.5.2008 on the ground that the Hon'ble High Court has granted stay only in the cross case, however, stay of proceedings had been denied specifically by the High Court in the case in hand. It appears to be the contention of the petitioner that because it is a cross case, therefore, proceedings are required to be stayed in both the cases so that the both the trials can go on together.;