DAYA RAM YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD in a trial (Session Trial No. 351 of 2006) State v. Nankoo Lal Yadav ect., the Additional Sessions Judge, Fast Track Court No. 6, Allahabad rejected the application of the three accused in the case praying that the charge should not be framed for the present in the case because a cross case (Criminal Case No. 35 of 2006, State v. Ram Abhilash and Ors., under Sections 147, 148, 149, 452, 323, 436 and 506 I.P.C.) is pending in the Court of Additional Chief Magistrate Court No. 14, Allahabad and has not yet been committed for trial.

(2.) THE Sessions Judge rejected the application and that is why the accused -applicant has come to this Court under Section 482 Cr.P.C.

(3.) THERE is no scope for any complication because the question whether, a cross case is pending or not is not to be considered at the time of framing the charge. If at all there is a cross case, it will have to be dealt with in accordance with law at the time of trial. The question that a criminal case is pending, is irrelevant so far as framing of charge is concerned, because, the charge has to be framed on the basis of the facts of the case and the facts of the cross case do not have to be taken into account.