Neutral Citation No. - 2025:AHC:88379 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 5783 of 2025 Applicant :- Nimesh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Singh Chauhan,R.P.S. Chauhan Counsel for Opposite Party :- G.A.,Yogesh Kumar Tiwari Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 528 BNSS, has been filed with the prayer that cross-cases bearing S.T. No.2477 of 2022 (State v. Nimesh & ors), arising out of Case Crime No.261 of 2022, under Sections 324, 323, 302, 307 & 325/34 IPC, and Case No.4443 of 2024 (State v. Lakshman Singh & ors), arising out of Case Crime No.749 of 2023, under Sections 147, 148, 323, 504 & 506 IPC, be consolidated, tried and decided together by the same court. 3. Learned counsel for applicants states that S.T. No.2477 of 2022, is pending trial in the court of learned Additional Sessions Court No.8, Aligarh, whereas Case No.4443 of 2024, is pending trial in the Court of learned Judicial Magistrate, Atrauli. It is submitted by the learned counsel for the applicants that nine witnesses have been examined in S.T. No.2477 of 2022, whereas in Case No.4443 of 2024, the trial has not begun. He submits, since both the cases have arisen out of the same incident, the outcome of one case i.e. S.T. No.2477 of 2022 may prejudice the outcome of Case No.4443 of 2024. He, therefore, seeks consolidation and trial of both the cases by the same court. 4. Per contra, learned A.G.A opposed the prayer. 5. In the given facts and circumstances of the matter, it is hereby directed that the judgment of S.T. No.2477 of 2022 shall not be pronounced till the completion of trial arising out of Case Crime No. 749 of 2023 i.e. Case No.4443 of 2024. 6. With the aforesaid observation, the application is disposed of. Order Date :- 23.5.2025 P Kesari Vinod Diwakar,J. Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad