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2025 DAILYLAW 30075 (ALL)

MANOJ SINGH SOLANKI v. STATE OF U.P. AND 9 OTHERS

NA528/8670/2025 · 2025-08-10

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135655 Court No. - 80 Case :- APPLICATION U/S 528 BNSS No. - 8670 of 2025 Applicant :- Manoj Singh Solanki Opposite Party :- State Of U.P. And 9 Others Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A.,Sandeep Kumar Singh Hon'ble Rajeev Misra,J. 1. Heard Mr. Arun Kumar Tripathi, the learned counsel for applicant, the learned AGA for State-opposite party-1 and Mr. Sandeep Kumar Singh, the learned counsel representing opposite parties-2 to 10. 2. Perused the record. 3. Applicant- Manoj Singh Solanki, who is a charge-sheeted accused and facing trial before court below has approached this Court by means of present application under Section 528 BNSS with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application and direct the learned court of District & Sessions Judge, Baghpat to get the trial of Complaint Case No. 391/2021 (Antveer Vs. Ramnivas & others) u/s 147, 148, 149, 452, 323, 324, 504, 506 IPC, Police Station-Singhawali Aheer, District- Baghpat be conducted jointly with the Session Trial No. 70/2021 (State Vs. Manveer & others) arises from Case Crime No. 0116/2020, u/s 147, 148, 149, 323, 307, 34, 302 IPC, Police Station-Singhawali Aheer, District- Baghpat which is pending before Additional Sessions Judge (Fast Track Court-2nd), Baghpat as both the cases arose from the same incidents taken place on same time and place between the same parties. It is further prayed that this Hon'ble court may graciously be pleased to expedite the trial of aforesaid Complaint Case No. 391/2021 (Antveer Vs. Ramnivas & others) u/s 147, 148, 149, 452, 323, 324, 504, 506 IPC, Police Station-Singhawali Aheer, District-Baghpat so that end of justice would be served and further may be pleased to stay the proceedings of Session Trial No. 70/2021 (State Vs. Manveer & others) till the stage of trial of complaint case is reached to the stage of evidence as the trial of session trial is at the stage of evidence of prosecution. And/or pass such other and further order as this Hon'ble court deems fit and proper in the facts and circumstances of the case otherwise the applicant shall suffer irreparable loss and injury." 4. On the matter being taken up, the learned AGA submits that Complaint Case No.391 of 2021 (Antveer Vs. Ramnivas & others), under Sections 147, 148, 149, 452, 323, 324, 504, 506 IPC, Police Station Singhawali Aheer, District Baghpat is at the stage of summoning meaning thereby the Court has not recorded its prima facie satisfaction on the complaint in the light of the statement of complainant and his witnesses examined in terms of Sections 200 and 202 Cr.P.C. He therefore submits that in view of above, it cannot be said that cross case is pending before court below. As such the prayer made by applicant by means of present application that both the cases be clubbed together for joint trial is wholly misconceived. The learned AGA therefore submits that in view of above, the present application is liable to be dismissed. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard the learned counsel for applicant, the learned AGA for State-opposite party-1, the learned counsel representing opposite parties-2 to 10 and upon perusal of record, this Court finds that the objections raised by the learned AGA in opposition to this application are clearly borne out from record. Furthermore, the same could not be dislodged by the learned counsel for applicant with reference to the record at this stage. 7. In view of above, no good or sufficient ground is made out for interference by this Court in present application. As a result, the present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 11.8.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad