Shahanshah vs State of U.P. and Another

Hon''ble Rajesh Dayal Khare, J.—Heard Learned Counsel for the applicant and learned AGA for the State-respondent. The present application has been filed for staying the proceedings of Sessions Trial No. 101 of 2011, under Sections 147, 148, 149, 302, 323, 504, 506, 307, 308 IPC and 131(2) Public Representative Act and 7 of Criminal Law Amendment Act, PS Kotwali Khalilabad, district Sant Kabir Nagar pending before the Additional Sessions Judge, Sant Kabir Nagar till the disposal of the G.T. No. 49 of 2011, u/s 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 pending before the Special Judge, (Gangster Act), Basti in view of Section 12 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.

Learned counsel for the applicant contends that as per the provisions of Section 12 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, the regular trial should be kept in abeyance till the conclusion of the trial under the Gangster Act.

After hearing the Learned Counsel for the applicant and learned AGA and after perusing the averments as made in the present application, this Court is of the opinion that the trial under the Gangster Act will have precedence over the regular trial, if the date in both trial is the same. In such eventuality where same date is fixed in the regular trial and gangster trial, as per provisions of section 12 of Gangsters Act and settled principle of law as laid down by the Hon''ble Apex Court as well as by this Court, trial under the gangster Act will have the precedence over the regular trial, but on account of the said fact the regular trial cannot be stayed till the conclusion of the gangster trial. In view of the above, the prayer as made in the present application is misconceived and is, accordingly, dismissed.