SHEKHAR TEWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dilip Gupta, learned Counsel for the revisionist and learned A. G. A. for the State.

(2.) From the facts stated in the affidavit accompanying this application in revision it appears that upon the application moved by the revisionist in S. T. Nos. 349, 350 and 351 of 2010; State Versus Shekhar Tiwari arising out of Case Crime No. 299 of 2009, P. S. -Dibiyapur, District -Aurraiya under Ss. , , , , , , , , , and I. P. C. before the Additional Sessions Judge/Special Judge, Ayodhya Prakran, Lucknow in which the revisionist along with other co -accused is being tried for the aforementioned offences with the prayer that the trial of the revisionist in Case Crime No. 300 of 2008 under Sec. of U. P. Gangsters and Anti Social Activities (Prevention) Act hereinafter referred to as the Act, P. S. -Dibiyapur, district -Aurraiya pending in the Court of Special Judge, Gangster Act, Kanpur Nagar be given precedence over the trial of S.T. Nos. 446, 447 of 2009 or the said trial be heard by the Court of Special Judge, Gangster Act, Kanpur being rejected by the Special Judge, Ayodhya Prakran, Lucknow by the order dated 23.12.2009 the revisionists and other co -accused filed two writ petitions before the Lucknow Bench of this Court being Writ Petition No. 7096 (M/B) of 2010 and Writ Petition No. 7097 (M/B) Of 2010 and the learned Single Judge of this Court by his order dated 23.7.2010 directed that the record of writ petition be placed before the Hon'ble Chief Justice/Senior Judge for nomination of the Division Bench for hearing the matter. Accordingly the matter was heard by a Division Bench of this Court at Lucknow and this Court by an order dated 7.10.2010 allowed the writ petitions and after setting aside the order of the Additional Sessions Judge/Special Judge, Ayodhya Prakran, Lucknow this Court directed the Additional Sessions Judge/Special Judge, Ayodhya Prakran, Lucknow to transmit the record of all the aforementioned Sessions trials arising out of Case Crime No. 299 of 2008 registered at P. S. -Dibiyapur, Auraiya to the Court of Special Judge, Gangster Act, Kanpur Nagar within a week so that the said Sessions trials may be decided by him. Against the order of this Court dated 7.10.2010 the State as well as the complainant, Smt. Shashi Gupta filed Special Leave Petition (Crl.) Nos. 22789 - 22790 of 2010 and 9490 - 9491 of 2010 before the Hon'ble Apex Court in which the Apex Court passed the following order on 23.11.2010:

(3.) Learned Counsel for the revisionists submitted that after passing of the order dated 23.11.2010 the Public Prosecutor and the complainant Shashi Gupta moved two applications 167 -Kha and 169 -Kha before the Special Judge, Gangster Act, Kanpur Nagar with a prayer that the record of Sessions Trials be remitted back to the Special Judge, Ayodhya Prakran, Lucknow for trial on the ground that the operation and implementation of the order passed by the Division Bench of this Court has been stayed by the Hon'ble Apex Court. The Special Judge, Gangster Act, Kanpur upon a total misinterpretation of the interim order of the Apex Court by the impugned order allowed the said application and illegally directed that the records of Sessions Trial No. 349, 350 and 351 of 2010 be transmitted to Special Judge, Ayodhya Prakran, Lucknow so that the trial of the aforesaid cases be concluded expeditiously.