MAHMOOD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri S.K. Srivastava, advocate holding brief of Sri Mazhar Ullah, learned Counsel for the applicants and learned A.G.A.

(2.) Applicants are accused in S.T. No. 435 of 2009, State v. Mahmood and Ors. under Sections 302/120B I.P.C. P.S. Milak Khanam, District Rampur, pending before Additional Sessions Judge/F.T.C-3, Rampur. Aforesaid Session Trial relates to Crime No. 70 of 2009. An order dated 14.12.2010 has been challenged in this 482 Application by the accused-applicants, Mahmood and others whereby the trial Judge has refused to stay the proceedings of the trial which is for offences under Sections 302/120B I.P.C.

(3.) The grievance of the accused-applicants is that in view of Section 12 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the act), the trial of other cases should be stayed as the trial under the Gangsters Act has to be given preference over any other trial, which is pending in other Court, except the Court of Special Judge, Gangsters Act.