RAVINDRA SINGH, J. - (1.) THIS appli­cation has been filed by the applicants Krishna Kumar Misra, Sugriv Misra, Raj Kumar Misra, Bachchan Misra, Nand Kishore Yadav and Arvind Singh with a prayer to quash the order dated 2.9.2008 passed by the learned Additional Sessions Judge Illrd Ballia in S.T. No. 36 of 2007 un­der sections 147, 148, 149 and 3021.P.C. and to stay the proceedings of the above men­tioned session trial till the police report of further investigation is not received in case crime No. 134 A-C of 2006 under sections 147, 148, 149, 302, 452 and 325 I.P.C. and section 7 of the Criminal Law Amendment Act P.S. Bansdeeh district Ballia.
(2.) THE fact in brief of this case are that the F.I.R. in case crime No. 134 of 2006 under sections 147, 148, 149 and 302 I.P.C. and 7 Criminal Law Amendment Act has been lodged at P.S. Bansdeeh district Ballia on 3.9.2006 at 3.35 P.M. against the appli­cants in which the charge-sheet has been submitted, thereafter the case has been committed to the Court of session and the applicants are facing the trial, in respect of the same incident an application dated 10.9.2006 under section 156(3) Cr.P.C. has been filed by the applicant Krishna Kumar Misra in the Court of learned Civil Judge (J.D.)/ Judicial Magistrate vide Misc. Appli­cation No. 166 of 2006, the same was dis­missed on 20.9.2006 but the order dated 20.9.2006 was challenged by the applicant Krishna Kurnar Misra by way of filing a criminal revision No. 476 of 2008 in the Sessions Court, Ballia, the same was al­lowed on 17.8.2006 and the matter was re­manded to the learned Magistrate con­cerned to pass a fresh order, thereafter, the learned C.J.M. Ballia allowed the applica­tion under section 156(3) Cr.P.C. on 13.11.2006 and the officer in charge of the Police Station Bansdeeh was directed to register a case and investigate the same, pursuant to the order dated 13.11.2006, F.I.R. in case crime No. 134A-C of 2006 was registered at P.S, Kotwali Bansdeeh on 23.11.2006, the same was investigated, after investigation, the final report has been submitted, the same was protested by the applicant Krishna Kumar Misra, thereafter, the learned C.J.M. Ballia rejected the final report and the Circle Officer P.S. Bansdeeh was directed to do further investigation vide order dated 10.7.2007, the same is pending, in the meantime, on-the basis of the charge-sheet submitted against the applicants, the Trial Court has proceeded further against the applicants, therefore, an application has been moved by the appli­cants for staying the proceedings of S.T. No. 36 of 2007, the same has been rejected by the Trial Court on 2.9.2008. It is contended by the learned Counsel for the applicants that in respect of the same incident two versions have come forward in one version as of the present case the applicants are made accused, charge-sheet has been submitted and the case has been committed to the Court of session where the proceedings are going on but in the second version in which F.I.R. has been lodged by the applicant Krishna Kumar Misra in case crime No. 134A-C of 2006 P.S. Bansdeeh district Ballia, the final report has been submitted by the I.O. the same has been rejected, the learned C.J.M. concerned ordered for further investiga­tion, the same is pending, in such a situa­tion both the case should be tried together by the same Judge for the just decision of the case, therefore, the application has been moved by the applicants for staying the proceedings of S.T. No. 36 of 2007, the same has been illegally rejected by the learned Additional Sessions Judge, Court No. 3, Ballia, the impugned order dated 2.9.2008 is illegal, the same may be quashed and the Trial Court may be directed to stay the proceedings till the conclusion of the further investigation of the case crime No. 134A-C of 2006.
(3.) IN reply to the above contention it is submitted by the learned A.G.A. that in the present case, charge-sheet has been submitted against the applicants but for the purpose of creating the defence the F.I.R. having a different version has been lodged by the applicant Krishna Kumar Misra, in which final report has been submitted, the same has not been accepted on technical grounds and the order for further investi­gation has been passed by the learned A.C.J.M. Ballia on the other hand proceed­ings of the Trial Court have been expedited by the High Court and the Trial Court has been directed to expedite the proceedings if possible, on day to day basis, thereafter, six witnesses have been examined before the Trial Court and there is no proper ground to stay the proceedings of the trial on the basis of the pendency of the investigation of a different version taken by the applicant Krishna Kumar Misra, the learned Trial Court has not committed any error in re­jecting the stay application, the impugned order dated 2.9.2008 is well reasoned order, therefore, the prayer for quashing the im­pugned order dated 2.9.2008 may be re­fused and the present application may be dismissed.;