Neutral Citation No. - 2025:AHC:54521 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5403 of 2025 Applicant :- Sahab Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Singh Counsel for Opposite Party :- Chandresh Kumar Chaurasiya,G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Rajendra Kumar Singh, learned counsel for the applicants, Mr. Chandresh Kumar Chaurasiya, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned A.G.A.-I for the State. 2. The instant application has been filed with the following prayer:- "It is most respectfully prayed that this Hon’ble Court may graciously be pleased to allow the present application and quash the impugned order dated 30.01.2025 passed by Additional District & Session Judge, Court No.9, Agra in Session Trial No.1882 of 2022 (State Vs. Sahab Singh & Others), arising out of Case Crime No.170 of 2022, under Sections 304, 323, 504, 324, 325, 308 I.P.C., Police Station-Fatehpur Sikri, District-Agra, pending in the Court of Additional District and Session Judge, Court No.9, Agra. It is further prayed to amalgamate the trial of Case No.22762 of 2023, (State Vs. Akash and Others), arising out of Case Crime No.43 of 2023, under Sections 323, 324, 504 I.P.C., P.S. Fatehpur Sikri, District- Agra, pending in the Court of Additional Chief Judicial Magistrate, Court No.7, Agra along with S.T. No.1882 of 2022 (State Vs. Sahab Singh & Others), pending in the Court of Additional District and Session Judge, Court No.9, Agra (cross cases) and both the cases may kindly be tried together. It is also prayed to stay the proceedings of Session Trial No.1882 of 2022 (State Vs. Sahab Singh & Others), arising out of Case Crime No.170 of 2022, under Sections 304, 323, 504, 324, 325, 308 I.P.C., Police Station-Fatehpur Sikri, District-Agra, pending in the Court of Additional District and Session Judge, Court No.9, Agra." 3. Brief facts of the case are; that the complainant lodged the first information report against the applicants which came to be registered as Case Crime No.170 of 2022, under Sections 504, 324, 323 I.P.C. at Police Station-Fatehpur Sikri, District-Agra. In the aforesaid case charge sheet was submitted against the applicants under Sections 304, 323, 504, 324, 325, 308 I.P.C. on 29.09.2022. The learned Magistrate took cognizance on 27.02.2024, after which trial started against the applicants. The mother of applicant no.1, namely, Anusuiya Devi moved an application u/s 156(3) Cr.P.C. requesting for lodging an FIR against opposite party no.2 and her sons namely, Akash and Sonu. On the aforesaid application, the FIR was lodged against opposite party no.2 and her sons namely, Akash and Sonu, which came to be registered as Case Crime No.43 of 2023, under Sections 308, 323, 452, 504, 354 I.P.C., P.S. Fatehpur Sikri, District- Agra, in which charge sheet has been submitted on 19.05.2023 and cognizance has been taken on 27.07.2023, under Sections 323, 504, 324 I.P.C. against opposite party no.2 and her sons namely Akash and Sonu, however, the accused Akash has not appeared before the Court concerned till date. 4. Learned counsel for the applicants has moved an application before the Court concerned on 15.11.2024 requesting to club both the cases and hear them together as it is between the same parties, who lodged the cases against each other for the same incident, wherein though the applicants are appearing and facing trial, however, the persons from the side of opposite party no.2 specially the alleged accused Akash has not appeared before the Court concerned till date. The aforesaid application dated 15.11.2024 has been rejected by order dated 30.01.2025. Hence, the present application. 5. Learned counsel for the applicants further submits that aforesaid order has been passed without application of judicial mind and without considering the provisions as well as the settled position of law, therefore, the aforesaid order may be set aside and the Court concerned may be directed to hear the matter together. Relying upon the judgement of Apex Court passed in Nathi Lal Vs. State of Uttar Pradesh, 1990 SCC (Cri.) 638, he submits that fair procedure to be adopted, in a manner like the present where there are cross cases, is to 2 direct that the same learned Judge must try both cross cases one after the other. After the recording of evidence in one case is completed, he must hear the arguments but he must reserve the judgement. 6. Learned counsel for the applicants further submits that Court has acted in an arbitrary manner to proceed with the trial in the case which has been lodged against the applicants, however, has ignored the fact that the alleged accused Akash who has been nominated by the applicants in the cross case, which has been filed on behalf of the applicants, has not appeared before the Court concerned till date. 7. Learned A.G.A. as well as learned counsel for the opposite party no.2 could not dispute the submissions as made by learned counsel for the applicants. 8. In such circumstances, the order dated 30.01.2025 passed by Additional District & Session Judge, Court No.9, Agra, is set aside with a direction to the Court concerned to decide both cases simultaneously in accordance with the procedure as laid down in the case of Nathi Lal (supra). 9. With the above direction, the application u/s 482 is disposed of. 10. Needless to say that in case the trial has already concluded in the case of applicants, judgement may not be delivered till hearing of the other case. 11. Office is directed to communicate this order to the Court concerned forthwith. Order Date :- 15.4.2025 Rahul. 3 Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad