Point of Law: If more offences than one are committed in one series of acts so connected together as to form the same transaction, then the accused may be charged with and tried at one trial for every such offence.

JUDGMENT :

1. Heard Sri Manish Tiwari, learned Senior Advocate assisted by Sri Irshad Husain, learned Advocate, in support of this application, Sri Anurag Shukla, learned counsel for the opposite party No. 2 as well as Sri Aniruddha Sharma, learned A.G.A. for the State opposite parties and perused the record.

2. The present application preferred under Section 482 Cr.P.C., has been filed with a prayer to quash the impugned order dated 21.09.2021 and 23.09.2021 passed in Session Trial No. 81 of 2021 (State of Uttar Pradesh Vs. Kamlesh Pathak and Others), arising out of Case Crime No. 189 of 2020, under Sections 147, 148, 149, 302, 307, 506 I.P.C. and Section 7 of the Criminal Law Amendment Act, Police Station-Auraiya, District Auraiya, pending in the court of Additional District and Session Judge, Court No. 2, Auraiya, with a further prayer to stay the further proceedings of aforesaid case.

3. An F.I.R. in Case Crime No. 189 of 2020 alleging offences under Sections 147, 148, 149, 302, 307, 506 I.P.C. and Section 7 of the Criminal Law Amendment Act, was lodged at Police Station -Auraiya, District Auraiya on 15.03.2020 at 17:17 hours by Ashish Kumar. The said F.I.R. was lodged by Ashish Kumar, the brother of the deceased, making allegation that there was a dispute existing between Samajwadi Party M.L.C. Kamlesh Pathak and the first informant owing to possession over a temple situate in the locality of the first informant. On the alleged date the accused persons named in the first information report, arrived at the place of occurrence and started firing indiscriminately, as a result of which Manjul Chaubey, Km. Sudha Chaubey, died on spot.

4. Another F.I.R. in Case Crime No. 196 of 2020 was registered in same sequence at Police Station -Auraiya, District Auraiya, under Sections 147, 148, 149, 353, 307 I.P.C. and Section 7 of the Criminal Law Amendment Act and the said F.I.R. was lodged by Sub Inspector Neeraj Tripathi.

5. In both cases, the charge sheet were filed separately and the trial commenced. The A.D.G.C. (Criminal) moved an application on 04.09.2021 for consolidation of Sessions Trial No. 83 of 2021 with many other session trials, arising out of the same transaction. It is pertinent to mention that Session Trial No. 81 of 2021 pertains to Case Crime No. 189 of 2020, under Sections 147, 148, 149, 302, 307, 506 I.P.C. and Section 7 of the Criminal Law Amendment Act. The A.D.G.C. (Criminal) furnished a list of many trials along with Session Trial No. 83 of 2021.

6. The Additional District and Sessions Judge, Auraiya passed an order on 21.09.2021 and consolidated Session Trial Nos. 83, 84, 85, 86, 87, 89, 90 and 91 all of 2021. The observation was made that the aforesaid sessions trials pertain to recovery of arms but they are arising out of same transaction. However, Session Trial No. 82 of 2021 pertaining to Case Crime No. 196 registered for offences under Sections 147, 148, 149, 353, 307 I.P.C. and Section 7 of the Criminal Law Amendment Act, was directed to go on separately. The Session Court also noted the fact that counsel for defence had requested to consolidate Session trial No. 82 of 2021 along with Session Trial No. 83 of 2021, but no speaking order was passed on 21.09.2021.

7. An application was filed on behalf of Kamlesh Pathak and others, on 23.09.2021 before Additional Session Judge, Auraiya with a statement that the cause of action of Session Trial No. 82 of 2021 is arising out of the same transaction. It has been further submitted that the place of incident and timing is almost same, therefore, Case Crime No. 196 of 2020, may be consolidated with Case Crime No. 189 of 2020. On the said application, an order was passed by the court below and the court below recorded its finding that the order for consolidating the cases was passed on 21.09.2021 and there was no requirement to consolidate Session Trial No. 82 of 2021 in Case Crime No. 196 of 2020. The court has further observed that since the earlier order was passed, th