RAMESH CHANDRA UPADHYAY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Swapnil Kumar, learned counsel for the applicants, learned AGA for the State and perused the material on record.

(2.) The applicants, Ramesh Chandra Upadhyay and three others, through the present application under Sec. 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 11.8.2008 passed by the Additional Sessions Judge, (Fast Track Court No. 1), Firozabad and direct the court below to try and decide the Sessions Trial No. 641 of 2003 (State of U.P. Vs. Ramesh Chandra Upadhyay and others) and Criminal Case No. 635 of 2001 (Ramesh Chandra Vs. Swadesh Yadav @ Barey and others), Police Station North, District Firozabad together.

(3.) Brief facts which give rise to this application are that the First Information Report was lodged by the opposite party no. 2 at Police Station North City, District Firozabad which was registered as Case Crime No. 670 of 1999 under sections 302, 307 IPC. A cross case was also registered from the side of the applicants as Case Crime No. 670-A of 1999 under sections 147, 148, 149, 307, 504, 452, 506, 336 IPC. Subsequently, after concluding the investigation, the charge sheet was submitted against the applicants and after committal which was numbered as Sessions Trial No. 641 of 2003 (State of U.P. Vs. Ramesh Chandra Upadhyay and others) under sections 302, 307 IPC, Police Station North, District Firozabad. However, the police in collusion with the accused of the First Information Report lodged by the applicant no. 1 Ramesh Chandra Upadhyay, submitted a final report in which a protest petition was filed by the applicant no. 1. The learned Chief Judicial Magistrate, Firozabad has rejected the final report dated 10.12.1999 and summoned the opposite party no. 2 and other accused persons under sections 147, 148, 149, 307, 504, 452, 506 and 336 Penal Code vide its order dated 02.02001. The applicants moved an application on 007.2006 before the Sessions Court praying to try and dispose of the Sessions Trial No. 641 of 2003 along with the Case No. 635 of 2001. The aforesaid application has been rejected on 11.8.2008 on the ground that the trial against the applicants are almost at the fag end of conclusion. As on the Criminal Misc. Application No. 17722 of 2005, this Court has stayed the execution of non-bailable warrants against the applicants.