LALESH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME CIVIL SECTT. LKO. AND 4 OTHERS
A482/10257/2025 · 2025-12-03
Rajeev Bharti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 172824 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172824 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10257 of 2025 Court No. - 23 HON'BLE RAJEEV BHARTI, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present application has been filed with a prayer to set aside the order dated 14.11.2025 passed by the learned Additional District Judge Court No.1 Pratapgarh in S.T. No. 627/2016 (State Vs. Phool Chandra and others), arising out of Case Crime No. 185/2014 under Sections 323, 324, 308, 504 IPC and further be pleased to call for the record of cross case i.e. the Case Crime No. 193/2014 under Sections 323, 324, 325, 504, 506 IPC, pending before the learned Additional Chief Judicial Magistrate Kunda Pratapgarh and tried both the cross cases one after the other and deliver the judgements on same day.
3. It has been submitted by learned counsel for the applicant that Hon'ble Supreme Court in Nathi Lal Versus State of U.P. (1990 Supp. SCC 145), Sudhir Versus State of M.P. (2001)2 SCC 688 has also held that cross case arising of the same occurrence must be tried by the same court one after the other, to ensure consistency and fairness and avoid miscarriage of justice.
4. In view of the above, the application is allowed and the order 14.11.2025 passed by the learned Additional District Judge Court No.1, Pratapgarh in S.T. No. 627/2016 is set aside. The learned Addl. District Judge, Court No.1 is requested to call for Case Crime No. 193/2014 from Versus Counsel for Applicant(s) : Manjeet Singh Counsel for Opposite Party(s) : G.A. Lalesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko. And 4 Others .....Opposite Party(s)
the court of learned A.C.J.M. Kunda, and to accord priority to these cross- cases and dispose of both the cases expeditiously.
December 3, 2025 Muk A482 No. 10257 of 2025 2 (Rajeev Bharti,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench