Neutral Citation No. - 2025:AHC:107550 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23494 of 2025 Applicant :- Dr. Abhipray Sharma And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Pankaj Kumar Shukla, learned counsel for applicant and learned A.G.A. for State. 2. It is the case of applicants that initially Case Crime No.1004 of 2018 along with Case Crime No.1057 of 2018 has been registered wherein the applicants have been implicated as the co-accused except applicant no.4, who is the complainant of cross-case, informants were the advocates of District Agra and as such there was ample chances for lingering the proceedings and creating pressure upon learned court concerned which arises cause of action in favour of applicants for seeking transfer application and the same has been allowed by co- ordinate Bench of this court vide orders dated 29.11.2021, through which both the above-mentioned case crime numbers have been transferred to District Gautam Budh Nagar, wherein Case Crime No.1004 of 2018 in pursuance to sections 307, 504 I.P.C. and section 7 of Criminal Law Amendment Act is pending at the stage of framing charges before learned court of Additional District and Session Judge III, Gautam Budh Nagar and Case Crime No.1057 of 2018 in pursuance to sections 147, 323, 506, 427 I.P.C. is pending before learned court of Chief Judicial Magistrate, Gautam Budh Nagar, wherein cognizance of offence has already been taken up and the matter is pending for framing of charges. 3. Learned counsel for applicants submitted that the specific application has been preferred before learned court of Additional District and Session Judge III, Gautam Budh Nagar for conjoining both the matters together so that the same may be clubbed with each other and be tried by the same Court, since the competence of Session Court is to take up the matter regarding the same incident with the matter, if pending before learned court of Magistrate. Application dated 14.05.2025 preferred at the behest of applicants has been rejected vide order dated 30.05.2025 passed by learned court of Additional District and Session Judge III, Gautam Budh Nagar by way of returning with the finding that in case any cross-case have been registered the same can be clubbed, but the application preferred at the behest of applicants, who are implicated as the co-accused in Case Crime No.1004 of 2018 and 1057 of 2018 cannot be tried together not being a cross-case. 4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and supported the order dated 30.05.2025, but at the same time did not dispute the provision contained under section 223 Cr.P.C., wherein it is specifically mentioned that "the person may be charged jointly if the same offence may be committed in the course of same transaction and person accused of abetment of, or attempt to commit, such offence and the person accused of more than one offence of same kind, within the meaning of section 219 Cr.P.C. committed by them jointly within the period of twelve months". 5. After hearing rival submissions extended by learned counsel for the parties, it is crystal clear that both the case crime numbers have been instituted against the applicants within twelve months, moreover initially F.I.R. has been registered in both the case crime numbers having more or less the similar sections, but at the time of preferring charge-sheet certain sections, which were amenable before learned court of Sessions has been omitted, which resulted into pendency of Case Crime No.1057 of 2018 before learned court of Chief Judicial Magistrate, Gautam Budh Nagar and another Case Crime No.1004 of 2018 is pending before learned court of Additional District and Session Judge III, Gautam Budh Nagar. 6. In the strict provisions contained under section 223 Cr.P.C. in which it is drawn and finding recorded by learned court of Additional District and Session Judge III, Gautam Budh Nagar while passing order dated 30.05.2025 is bad in the eye of law and as such not sustainable. 7. In view of the aforementioned facts and circumstances, order dated 30.05.2025 is hereby set-aside; learned court of Additional District and Session Judge III, Gautam Budh Nagar is hereby directed to club Case Crime No.1004 of 2018 along with Case Crime No.1057 of 2018 with each other and tried together wherein all the applicants are co-accused in both the case crime numbers except applicant no.4 who is complainant of cross-case. 8. The instant application stands allowed accordingly. Order Date :- 8.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad