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Allahabad High Court · body

2012 DIGILAW 762 (ALL)

Haushila Prasad Tripathi and Anr. v. State of U. P and Ors.

2012-03-29

ASHWANI KUMAR SINGH

body2012
Ashwani Kumar Singh, J. ;- Power filed by Shri Harish Chandra, Advocate on behalf of opposite party no. 4 is taken on record. Counter affidavit on behalf of opposite party nos. 2 and 3 is taken on record. There are three sessions trial pending in two different courts i.e. the court of Additional District Judge/T.E.C.P.-4, Lucknow and Additional District Judge T.E.C.P.-5, Lucknow between the same parties. Two sessions trial, S.T. No. 327/2011 and S.T. No. 328/2011 are pending in the court of Additional District Judge/T.E.C.P.-5, Lucknow and S.T. No. 119/2011 is pending in the court of Additional District Judge/T.E.C.P.-4, Lucknow. The complainant of S.T. No. 327/2011 is Siddharth Tripathy and case has been registered under Section 326, 323, 504, 506 I.P.C. In S.T. No. 328/2011, the complainant is again Siddarth Tripathy and offences are under Sections 307, 326, 323, 504, 506, 34 I.P.C. In both the sessions trials the accused persons are Durjan Singh, Banshi Lal and Milap Singh. In session trial no. 119/2011, the complainant is Durjan Singh, one of the accused of the above-mentioned two sessions trials i.e. S.T. No. 327/2011 and S.T. No. 328/2011. The complainant of S.T. No. 327/2011 and S.T. 328/2011 Siddarth Tripathy is accused in S.T. No. 119/2011 along with Haushila Prasad Tripathi under Section 307, 380, 504, 506 I.P.C.. The innocuous prayer of learned counsel for the petitioners is that all the three Sessions Trials may be tried by one court as the parties are common in all the cases. It is also submitted that the parties are also ready for compromise. Considering the facts and circumstances of the case and to meet the ends of the justice in a convenient manner, I direct that S.T. No. 119/2012 pending in the court of Additional District Judge/T.E.C.P.-4 be transferred to the Court of Additional District Judge/T.E.C.P.-5 Lucknow where two sessions trials, S.T. No. 327/2011 and 328/2011 are pending. It would be open for the learned court concerned to proceed with three different trials in accordance with law. In view of the above, this petition is finally disposed of.