- (1.) The present petition has been filed impugning the order dated 28.08.2018 passed by the learned Trial Court rejecting the application for clubbing Sessions Trial No.95 of 2011 arising out of Case Crime No.114 of 2010 under Sections 147, 148, 149, 307 IPC and Section 7 Criminal Law Amendment Act, Police Station Naka Hindola, District Lucknow (State versus Rajendra Singh Dua) and complaint Case No.426 of 2011 arising out of Case Crime No.114A of 2010 under Sections 395, 397 IPC, Police Station Naka Hindola, District Lucknow (State versus Aswini Chhawla and others).
(2.) Earlier before approaching the Trial Court by filing the application on 24.08.2018, an application under Section 482 Cr.P.C. being Crl. Misc. Case No.4444 of 2016 was filed by the applicants with a prayer that both the cases may be treated as cross cases and, therefore, these cases are to be clubbed together. However, the aforesaid petition was dismissed as withdrawn vide order dated 05.7.2016 with liberty to the petitioners to move an application before the Trial Court that both cases i.e. case against them and so called cross case were required to be decided together.
(3.) Despite aforesaid order passed by this Court, no application was moved for clubbing aforementioned two cases till 24.08.2018. From the perusal of order dated 15.05.2017 passed by the learned Trial Court, it would be evident that an application was moved by the accused for summoning the prosecution witnesses to be examined as defence witnesses. Learned Sessions Judge, however, dismissed the said application on the ground that the accused conduct was only to delay the conclusion of trial. It was also noted by the learned Trial Court that till date even no application for clubbing two cases was moved by the accused despite liberty having been granted by the High Court. At the stage, when the arguments have been concluded on behalf of the prosecution and the case was fixed for argument by the defence, the application was moved for clubbing two cases on 24.08.2018.;