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Neutral Citation No. - 2025:AHC:111300 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 21835 of 2025 Applicant :- Ramu Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhakar Yadav Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed with a prayer to club the proceedings of Case No.4357 of 2024 (State Vs. Maheshpal and others) arising out of Case Crime No.392 of 2024, under Sections 323, 324, 506 IPC, P.S. Kant, District Shahjahanpur, pending in the court of learned Additional Judicial Magistrate, Court No.15, Shahjahanpur, with Sessions Trial No.749 of 2024 (State Vs. Ramu and others) arising out of Case Crime No.185 of 2024, under Sections 147, 148, 149, 323, 504, 452, 302, 307 IPC & 9/25 Arms Act, P.S. Kant, District Shahjahanpur, pending before the learned Additional Sessions Judge/Fast Track Court No.24, Shahjahanpur. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in Case Crime No.185 of 2024, arising out of an alleged incident dated 27.03.2024, on the basis of an F.I.R. lodged by informant Vipin Kumar, wherein the applicant and 10 other named persons along with 5–7 unknown individuals were made accused. It is submitted that the Investigating Officer, without collecting sufficient evidence or conducting a fair investigation, hastily submitted a charge-sheet on 05.05.2024. The learned Magistrate, without judicial scrutiny, took cognizance and committed the case to the court of Sessions, where the learned Additional Sessions Judge/Fast Track Court No.24, Shahjahanpur, framed charges on 06.08.2024 and fixed the matter for evidence. It is further submitted that the applicant's Bhabhi, Preeti Devi, had already lodged a complaint regarding a connected incident dated 26.03.2024, which was registered as Case Crime No.392 of 2024 under Sections 147, 148, 149, 307, 323, 506 IPC at the same police station, against the family members of the informant, namely Mahesh Pal, Prempal, and Vivek. In that case, after due investigation, a charge-sheet was filed under Sections 323, 324,
506 IPC, and cognizance was taken by the learned Magistrate on
25.10.2024.
Learned counsel for the applicant submits that in light of the close nexus between the two incidents and the fact that they stem from the same sequence of events, the applicant moved an application dated 18.01.2025 before the learned Additional Sessions Judge, Fast Track Court No.24, Shahjahanpur, seeking to club both trials. However, the said application was summarily rejected on 16.05.2025 without proper appreciation of the facts and without applying judicial mind. 4. Learned A.G.A. opposed the present application, submitting that the trial in S.T. No.749 of 2024 is at an advanced stage and is nearing conclusion. The application for clubbing has been filed at a belated stage with mala fide intent to delay the ongoing trial. It is submitted that no useful purpose would be served by clubbing the trials at this stage, and in fact, it would obstruct the expeditious disposal of the main Sessions Trial. 5. Heard learned counsel for the parties. 6. This Court finds that S.T. No.749 of 2024 has already reached the stage of evidence, and clubbing it now with the trial of Case No.4357 of 2024, still pending at the Magistrate's court, would cause unnecessary delay and defeat the object of a speedy trial. The learned trial court has rightly rejected the prayer for clubbing the trials after taking into account the progress of the case. 7. It is further observed that the application appears to be an attempt to stall the ongoing trial, which has already consumed considerable judicial time and effort. No exceptional circumstance has been shown that would warrant interference at this stage. 8. Accordingly, the application under Section 482 Cr.P.C. is rejected. Order Date :- 11.7.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad