Allahabad High Court
DIVYANSH SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The order directing consolidation of the two offences is valid as the offences were committed in the same transaction, and therefore the application under Section 528 is dismissed.
Summary
The applicant filed an application under Section 528 of the CrPC seeking to quash an order dated 10‑02‑2026 that directed the consolidation of two separate offences arising from different case‑crime numbers for joint trial. The applicant argued that the offences were distinct and could not be tried together, while the State contended that both offences were part of the same transaction and therefore could be tried together under Sections 219 and 223 of the CrPC. The Court examined the provisions of Sections 219 and 223, which allow trial of different accused together when offences are committed in the same transaction. Finding no illegality or perversity in the trial court’s order, the Court dismissed the application. No costs were awarded.
Issues considered
- Whether offences arising from different case‑crime numbers but constituting the same transaction can be consolidated for joint trial under Sections 219 and 223 of the CrPC.
- Whether the order directing consolidation is liable to be quashed under Section 528 of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 219, 223, 528
Subjects
- consolidation of offences
- same transaction
- joint trial
- CrPC
- Section 219
- Section 223
- Section 528
- quash order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18482 of 2026
Divyansh Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kunwar Bikram Suryabansh, Vinay
Kumar Singh Chandel
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. The present application has been filed with a prayer to quash the order
dated 10.02.2026 passed by learned Additional District and Sessions
Judge, FTC-II, Varanasi, on an application (Paper No. 8-kha) moved by
the informant, in Session Case No. 44 of 2022, arising out of Case Crime
No. 1533 of 2019, under Section 376, 323, 506, 328 of I.P.C. and Section
67-A of I.T. Act (State vs. Atul Singh), P.S. Cantt. District Varanasi, and
direct the Court concerned to proceed independently in Session Case No.
44 of 2022 and Session Case No. 700 of 2022.
3. It is submitted by the learned counsel for the applicant that different
offences had taken place in the present matter and vide the impugned
order dated 10.02.2026, both the offences, arising out of different case
crime numbers, were directed to be consolidated. It is further submitted
that no joint trial of two different offences can be conducted by the
learned trial court.
4. Per contra, learned A.G.A. has opposed the prayer and submitted that
the first offence was committed on 14.10.2019, and the F.I.R. was lodged
by the present informant on 28.11.2019. The second F.I.R. was lodged on
28.05.2020. The second F.I.R. was lodged in the transaction of first
offence. It is further submitted that as per the provision of Section
NA528 No. 18482 of 2026
2
219/223 of Cr.P.C., the accused may be charged and tried together, who
are accused of different offences, but have committed offence in the same
transaction. It is further submitted that the learned trial court did not
commit any illegality in passing the impugned order dated 10.02.2026.
5. I have heard rival submissions of the parties and perused the record.
6. As per the provision of Section 219/223 of Cr.P.C., different accused,
who have committed the offences in the same transaction, may be tried
together. There is no illegality or perversity in the impugned order,
therefore, the present application lacks merit and deserves to be
dismissed. It is accordingly, Dismissed.
7. No order as to cost.
(Vivek Kumar Singh,J.)
May 5, 2026
A.P. Pandey
Digitally signed by :-
ANAND PRAKASH PANDEY
High Court of Judicature at Allahabad
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