Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Sanjay Kumar Singh, J.
Umashankar Tivari - Petitioner
Vs.
State of U.P. And Another - Respondents
Matters Under Article 227 No. - 1938 of 2019
Decided On : 29-03-2019
Cross Case - Criminal Procedure - Sections 323, 324, 504 & 506 I.P.C. - Nathi Lal and others vs. State of U.P. and another, 1990 (Supp) SCC 145, Sudhir and others vs. State of M.P. 2001 (2) SCC, 688 & State of M.P. vs. Misrilal (dead) and others, 2003(9) SCC 426
Fact of the Case:
The petitioner sought to quash an order related to a criminal case arising from an incident involving multiple accused and cross cases.
Finding of the Court:
The court found that the cases were cross cases arising from the same incident and should be tried together. It also held that the orders passed by the lower courts were impeccable and did not warrant interference.
Issues: The main issue was whether the cases were cross cases and if they should be tried together. Another issue was whether a case triable by a magistrate could be transferred to the Court of Session.
Ratio Decidendi: The court relied on the principles laid down in Nathi Lal and others vs. State of U.P. and another, Sudhir and others vs. State of M.P., and State of M.P. vs. Misrilal (dead) and others to determine that the cases were cross cases and should be tried together. It also interpreted Sections 209 & 323 of the Code of Criminal Procedure to support the transfer of the case to the Court of Session.
Final Decision: The petition was dismissed as the court found no manifest error of law or perversity in the impugned orders.
JUDGMENT :
Sanjay Kumar Singh, J.
1. Heard learned counsel for the petitioner and learned Additional Government Advocate on behalf of the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
2. This petition under Article 227 of the Constitution of India has been preferred by the petitioner with a prayer to quash the impugned order dated 17.11.2017 passed by Chief Judicial Magistrate, Fatehpur in Criminal Case No.1653 of 2015 (State of U.P. vs. Shivnarayan and others) arising out of Case Crime No.110 of 2015, under sections 323, 324, 504 & 506 I.P.C., Police Station Khakhreru, District Fatehpur, whereby application dated 22.09.2016 of the opposite party no.2 has been allowed and the order dated 04.12.2018 passed by VIIIth Additional Session Judge, Fatehpur in Criminal Revision No.4 of 2018, whereby revision preferred by the petitioner against the order dated 17.11.2017 has been dismissed.
3. It is submitted by the learned counsel for the petitioner that opposite party no.2 regarding the incident dated 24.06.2015 at 4.45 p.m. lodged a report on the same day at 18.30 hrs. registered as N.C.R. No.0046 of 2015 against the petitioner and three other accused persons namely Shiv Narayan, Rama Shanker and Mantu under Sections 323, 504, 506 I.P.C. Thereafter with regard to incident dated 24.06.2015, F.I.R. was lodged by petitioner on 25.06.2015 at 18.00 hrs registered as Case Crime No.109 of 2015 at Police Station Khakhreru, District Fatehpur.
4. The aforesaid NCR lodged by the opposite party no.2 was later on converted into Case Crime No.110 of 2015, in which after investigation the investigating officer submitted charge-sheet under Sections 323, 324, 504 & 506 I.P.C., on 22.12.2015 the Judicial Magistrate, Khaga, Fatehpur took cognizance and the case was registered as Criminal Case No.1655 of 2015 (State of U.P. vs. Shiv Narayan and others), thereafter transferred to court of Chief Judicial Magistrate, Fatehpur on 01.09.2016.
5. In Case Crime No.109 of 2015 also the investigating officer submitted charge-sheet dated 24.06.2015 under Sections 354, 323, 504, 506 & 308 I.P.C. on which Additional Chief Judicial Magistrate-Xth Fatehpur took cognizance on 20.08.2015 and case was registered as Criminal Case No.127 of 2015 (State of U.P. vs. Kailash Nath Ojha). Thereafter said case was transferred on 16.05.2016 to Additional Session Judge/F.T.C. Ist Fatehpur and new case number was allotted as S.T.No.42 of 2016 (State of U.P. Vs. Kailash Nath Ojha and others). In the said case statement of Uma Shanker Tiwari has been recorded as P.W.-1.
6. On 22.09.2016, opposite party no.2 (informant of Case Crime No.110 of 2015) moved an application under Section 323 Cr.P.C. before the Chief Judicial Magistrate, Fatehpur for committal of Criminal Case No.1653 of 2015 before Additional Session Judge/F.T.C Ist Fatehpur where S.T. No.42 of 2016 arising out of Case Crime No.109 of 2015 is going on mainly on the ground that both the aforesaid cases are cross case arising from same incident, therefore, both the cases be tried together.
7. On the said application dated 22.09.2016 of the opposite party no.2, an objection dated 27.05.2017 was filed on behalf of the petitioner (informant of Case Crime No.109 of 2015). The said application dated 22.09.2016 of the opposite party no.2 was allowed by order dated 17.11.2017 of the Chief Judicial Magistrate, Fatehpur, taking into consideration of the judgments of the Apex Court in the case of Nathi Lal and others vs. State of U.P. and another, 1990 (Supp) SCC 145, Sudhir and others vs. State of M.P. 2001 (2) SCC, 688 & State of M.P. vs. Misrilal (dead) and others, 2003(9) SCC 426.
8. Here it would be useful to quote the relevant findings and the principles laid down by the Apex Court in the aforesaid judgments, which are as follows:-
(i) Nathi Lal and others vs. State of U.P. and another, 1990 (Supp) SCC 145.
In the said case, the Apex Court has laid down the procedure of trial of
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
