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2010 Supreme(All) 3575
[2010(9) ADJ 721 (DB)(LB)]
ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : RAJIV SHARMA AND S.N.H. ZAIDI, JJ.
SHEKHAR TIWARI AND OTHERS ...Petitioners
Versus
STATE OF U.P. AND OTHERS ...Opposite parties
(Writ Petition Nos. 7096 and 7097 (MB) of 2010,
decided on 7th October, 2010)
Counsel :
Kn. Mridul Rakesh, Dileep Kumar and Santosh Srivastava for the Petitioners; G.A., Abhishek Ranjan, Salil Kumar Srivastava and V.M. Sahai for the Respondents.
Headnote:(A) U.P. Gangster & Anti-Social Activities (Prevention) Act, 1986—Section 2(b)—"Gang"—Meaning of—Person forming group may be said to be a gang if they by use of violence, threat, show of violence, intimidation, coercion or otherwise with the object of disturbing public order. [Para 29]
(B) U.P. Gangster & Anti Social Activities (Prevention) Act, 1986—Sections 7, 8 and 12—Transfer of case—Trial by special Court—Trial under the Act by Special Court have precedence over the trial of any other case against the accused in any other Court—All the cases emerging out of same incident should be tried by same Court, irrespective of the offence to avoid conflicting judgments—Hence in view of Sections 7(3) and 8 read with Section 12 of the Act, proceedings of sessions Trial liable to be transferred to Court of Special Judge (Gangsters Act) Kanpur. [Paras 41, 42, 43, 49 and 50]
Result; Petition Allowed.
By the Court.—Heard Kn Mridul Rakesh, Senior Advocate and Shri Dilip Kumar on behalf of the petitioners and Shri I.B. Singh, Special Public Prosecutor for the State and Sri Salil Kumar Srivastava, on behalf of private respondent-Smt. Shashi Gupta wife of Late Sri Manoj Kumar Gupta.
2. Writ petition Nos. 7096 (M/B) of 2010 and 7097 (M/B) of 2010 have been filed by the petitioners under Articles 226/227 of the Constitution of India for quashing the impugned order dated 23.12.2009 passed by the Special Judge (Ayodhya Prakaran), Lucknow, in Sessions Trial No. 446 and 447 of 2009 (Case Crime No. 299 of 2008) under Sections 147, 148, 149, 302, 323, 364, 457, 201, 120-B, 506 IPC and Section 7 Criminal Laws Amendment Act, PS Dibiyapur, district Auraiya, whereby the application of the petitioners for keeping the proceedings of the aforesaid Sessions Trials in abeyance till the disposal of the trial under the U.P. Gangsters & Anti-Social Activities (Prevention)Act, in short referred to as the Gangsters Act, has been rejected.
3. It has also been prayed that a writ of Mandamus be issued for direction that the trial of the petitioners in Case Crime No. 300 of 2008 under Section 3(1) of the Gangsters Act, Police Station Dibiyapur, District Auraiya pending in the Court of Special Judge (Gangsters Act), Kanpur Nagar, shall have precedence over the trial of S.T. No. 446 and 447 of 2009 pending the Court of Additional Sessions Judge/Special Judge, Ayodhya Prakaran, Lucknow.It has also been prayed inter alia that the direction be issued that the aforementioned S.T. Nos. 446 and 447 of 2009 be heard by the Court of Special Judge, Gangsters Act, Kanpur. Further, it has been prayed that the direction be also issued to stay the proceedings of Sessions Trial Nos. 446 and 447 of 2009 in the spirit of Section 12 of the U.P. Gangsters and Anti Social Activities (Prevention) Act.
4. It may be pointed out that the afore-captioned writ petitions were initially registered in the category of Miscellaneous Single and were heard by Learned Single Judge, who came to the conclusion that looking to the circumstances and the orders passed by the Division Bench as well as Single Judge, it would be appropriate that the matter is heard by a Division Bench and directed for placing the record before Hon’ble the Chief Justice/Hon’ble Senior Judge for nomination of the the Bench. The relevant part of the order dated 23.7.2010 reads as under :
“I have carefully considered the respective submissions made by the parties. As stated above, the main relief sought by the petitioners is that the trial of S.T. Nos. 446 and 447 of 2009 pending in the court of Additional Sessions Judge/Special Judge, Ayodhya Prakaran, Lucknow should remain in abeyance, in order to give precedence to the trial of special case No. 300 of 2008 pending in the court of Special Judge/Gangster Act, Kanpur Nagar, in view of the provisions of Section 12 of the U.P. Gangsters and Anti Social Activities (Prevention) Act.
From the record, it reveals that the Division Bench as well as Single Judge of this Court had issued direction for expeditious disposal of the Sessions Trial No. 446 and 447 of 2009.
In the facts and circumstances stated above, it will be appropriate if the matter is heard by the Division Bench. Therefore, the matter is referred to the Division Bench. Let the petitions be placed before the appropriate Bench after obtaining nomination from the Hon’ble Chief Justice/Hon’ble Senior Judge.”
Pursuant to the aforesaid order, these writ petitions were re-numbered and registered as writ petition No. 7096 (M/B) of 2010 and 7097(MB) of 2010. As the jurisdiction assigned to us by the Hon’ble the Chief Justice is Criminal Writs and Criminal Contempt for orders, admission and hearing, therefore, this writ petition has come up for orders before this Bench. As the pleadings have been exchanged between the parties, we with the consent of parities Counsel, proceeded to hear the matter finally.
5.
