Harsh Tiwari v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 14797 of 2023 Applicant :- Harsh Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- B.N.Singh,Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Vijay Singh Sengar Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri B.N. Singh, learned counsel for the applicant and Sri Vijay Singh Sengar, learned counsel for opposite party no.2 and Sri Rajeev Kumar Singh, learned AGA for the State.

¶2The present 482 Cr.P.C. application has been filed to direct the Chief Judicial Magistrate, Jalaun at Orai to connect criminal case no.133 of 2022 (State of U.P. Vs. Vijai Tiwari and another), in case crime no.660/2021, u/s 323, 325, 504, 506 IPC, Police Station-Kotwali Orai, District-Jalaun with complaint case no.6801 of 2021 (Smt. Seema Tiwari Vs. Krishna Kumar Sharma @ Pappu and others), u/s-354, 323, 504, 506 IPC, Police Station-Kotwali Oria, District-Jalaun being cross case and holding trial together with each other and decide both cases on the merits on the same day one after the other and allow the application.

¶3Learned counsel for the applicant submits that the impugned proceeding as well as the proceeding of cross case relates to the same incident, therefore, both the cases should be tried together by clubbing both the cases. On being asked whether any application for clubbing the case has been filed by the applicant before the court below, learned counsel for the applicant replies that it has not been filed for the reason that proceeding has been stayed in cross case by this court in APPLICATION U/S 482 No. - 38636 of 2022.

¶4Therefore, this application is also disposed of with liberty to the applicant to file a proper application before the court below. In case, such application is filed, the court below will consider the same and pass appropriate order, in accordance with law. Order Date :- 31.10.2023 S.Chaurasia High Court of Judicature at Allahabad