Neutral Citation No. - 2025:AHC-LKO:126 Court No. - 12 Case :- APPLICATION U/S 482 No. - 10452 of 2024 Applicant :- Constable 565 Maharaj Singh (P.N.O. 892463280) And Another Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Lko.

And 2 Others Counsel for Applicant :- Amitabh Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

1. Heard.

2. In view of order proposed to be passed issuance of notice to opposite parties is dispned with.

3. Present application has been filed for the following main relief:-

"WHEREFORE, it is prayed that this Hon'ble Court may kindly be pleased to quash the order dated 14.10.2024 passed in Session Trial No. 734/2024 State Vs. Maharaj Singh & others arising out from the Case Crime No. 0691/2017 U/s- 386, 394, 427, 506, 308, 336,352,411 I.P.C. Police Station- Para, Lucknow pending in the Court of Additional Sessions Judge/ Special Judge (P.C. Act-6), Lucknow and further be pleased to direct the Trial Court (Special Judge PC Act-6, Lucknow) to proceed with single Trial of both Session Trial No, 734/2024 State Vs. Maharaj Singh & others arising out from the Case Crime No. 0691/2017 U/s- 386, 394, 427, 506, 308, 336,352,411 I.P.C. AND Session Trial No, 733/2024 State Vs. Maharaj Singh & others arising out from the Case Crime No. 0692/2017 U/s 386, 394, 427, 506, 308, 336, 352, 411 IPC."

4. For the purposes of seeking main relief, quoted above, in the instant application, learned counsel for the applicants placed the following facts before this Court:-

(i) The FIR No. 0691 of 2017 was lodged by opposite party No.2/Sarnaam Singh on 09.12.2017 at about 11:05 hours under Section 386, 394, 427, 506, 308, 336, 352 IPC at P.S.-Para, District-Lucknow. According to this FIR, the incident occurred at about 10:30 hours and the crime as indicated in the FIR was committed by applicant No.1 and one unknown person i.e. applicant No.2, whose name surfaced afterwards. As per this FIR, the accused-applicant snatched Rs.5,000/- from the pocket of the Jagdev Singh, driver of Truck No.UP 32 FN 4105 of the informant/opposite party No.2 who alongwith Atul Mishra S/o Ramesh Kumar Mishra reached the place of crime by his Car bearing regsitration No. UP 32 DT 6207, and when the applicant No.1 was chased, applicants assaulted the informant and other persons of the side of the informant with 'Patthar' (stones/bricks) and danda. In the incident, vehicles bearing registration No. UP 32 ET 2462 and UP 32 DT 6707 were damaged. This FIR also indicates that one constable Manoj Kumar on account of injury sustained became unconscious and applicant No.1 was arrested from spot. This FIR further indicates that the applicant No. 1 presented himself as driver of RTO.

(ii) Another FIR No. 0692 of 2017 was lodged by Sub-Inspector Ashok Kumar Singh on 09.12.2017 at about 11:45 hours under Section 353, 352, 336, 332, 308, 506 IPC at P.S.-Para, District-Lucknow. According to this FIR, Maharaj Singh and Jitendra Singh, present applicants, were apprehended by police party headed by informant namely Sub-Inspector Ashok Kumar Singh. The FIR also indicates that police party tried to resolve the dispute between the constable Arun Kumar and constable Sagir Ahmad (first party) and second party i.e. present applicants but the efforts were in vain and the accused-applicant assaulted with 'Eent' (Brick) and 'danda' and on account of the same constable Manoj Kumar Yadav sustained head injury and became unconscious. This FIR further indicates that the applicants torned the uniform of constable Ajay Kumar and after being apprehended Rs.5,000/- were recovered from the pocket of the shirt of accused and on being asked in this regard, it was told that the same were snatched from the driver of the truck related to FIR/Case Crime No. 0691 of 2017, detailed above.

(iii) The charge sheet(s), (Annexure Nos. 4 and 5 to the present appliaction), in both the cases have ben filed. The coloumn No. 16, which indicates 'Particular of witnesses to be e