IQBAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking directions to the learned Judicial Magistrate, Ist Class, Ludhiana to stay the proceedings pending against the petitioner in Juvenile Court arising out of FIR No. 105 dated 10.6.2007, under Sections 307, 452, 447, 427, 379, 506, 148, 149 of the Indian Penal Code, 1860 and Sections 25 and 27 of the Arms Act, 1959 registered at Police Station Ludhiana (Annexure P-1) till the final decision of the Hon'ble Supreme Court in pending SLP (Crl.) No.8681 of 2011 filed by the co-accused of the petitioner.

(2.) FIR in question was registered against the petitioner and his co-accused. The trial of the petitioner was separated as he is a juvenile and he is being tried by the Juvenile Justice Board, Ludhiana. The co-accused of the petitioner had approached this Court challenging the order dated 13.6.2008 (Annexure P-2) vide which the application moved by the co-accused for placing certified copies of the judgments passed by the Civil Court was dismissed. Kartar Singh, co-accused of the petitioner, challenged the order dated 13.6.2008by way of CRM-M No.15909 of 2008. The said petition was dismissed by this Court vide order dated 14.9.2011 (Annexure P-3). The said order has been challenged by Kartar Singh, co-accused, by way of special leave to appeal before the Apex Court and proceedings before the trial Court have been stayed by the Apex Court vide order dated 17.11.2011 (Annexure P-4) (colly).

(3.) LEARNED State counsel has opposed the petition but, however, has admitted the fact that the proceedings in the trial with regard to co-accused Kartar Singh have since been stayed by the Apex Court.