SHEKHAR TIWARI Vs. STATE OF UP

JUDGEMENT

(1.) BY the Court.Heard Kn Mridul Rakesh, Senior Advocate and Shri Dilip Kumar on behalf of the petitioners and Shri LB. Singh, Special Public Prosecutor for the State and Sri Salil Kumar Srivastava, on behalf of private respondent-Smt. Shashi Gupta wife of Late Sri Manoj Kumar Gupta.

(2.) WRIT petition Nos. 7096 (M/B) of 2010 and 7097 (M/B) of 2010 have been filed by the petitioners under Articles 226/227 of the constitution of India for quashing the impugned order dated 23/12/2009 passed by the Special Judge (Ayodhya Prakaran), Lucknow, in Sessions Trial No.446 and 447 of 2009 (Case Crime No. 299 of 2008) under Sections 147,148,149,302,323,364,467,201, 120-B, 506 IPC and Section-7 Criminal Laws Amendment Act, PS Dibiyapur, district Auraiya, whereby the application of the petitioners for keeping the proceedings of the aforesaid Sessions Trials in abeyance till the disposal of the trial under the U.P. Gangsters and Anti-Social Activities (Prevention)Act, in short referred to as the Gangsters Act, has been rejected.

(3.) IN short the facts of the case, as averred in the writ petition, are that a First INformation Report was lodged by Smt. Shashi Gupta relating to an incident dated 24.12.2008 in which her husband sufferred bodily injuries: On the basis of said F.I.R., a case on Crime No. 299 of 2008 under Sections 323,342,452,364 IPC was registered at P.S. Dibiyapur, District-Auraiya against accused Bhatia, Tyagi and another. As injured Manoj Kumar Gupta succumbed to the INjuries suffered by him, the case has been altered under Sections 147,148,149,302,323,342, 364,457,201,120-B and 506 IPC and Section 7 Criminal Law (Amendment) Act, during the investigation.