KESHVENDRA SINGH VS. SHANKAR SINGH - Crl.A. No. 3856/2026 - Diary Number 3452 / 2026 - 17-Aug-2026 (Uploaded On 17-08-2026 15:51:26)
2026 INSC 866
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. ___ __OF 2026
(@ SPECIAL LEAVE PETITION (CRL.) NO. 2815/2026)
Keshvendra Singh …….Appellant(s)
Versus
Shankar Singh And Anr. ……. Respondent(s)
J U D G M E N T
K. V. Viswanathan, J.
1) Leave granted.
2) The present appeal calls in question the correctness of
the order dated 25.08.2025 in Criminal Revision No. 1669 of
2025 passed by the High Court of Judicature at Allahabad. By
the said order, the High Court, while setting aside the order of
the Sessions Court dated 03.03.2025, held as under: -
“17. …. The Sessions Trial No.0934 of 2023 (State of U.P.
vs.. Pancha m Singh and others) which is running
concurrently before the Court of Sessions Judge, Lalitpur,
shall be kept in abeyance and the learned Special Judge
is directed to expedite the proceedings of Gangster
Sessions Trial No.01 of 2024 to satisfy the intent of
mandatory provisions contained in Section 12 of the
Gangsters Act.”
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3) We must record, at the outset, that on 13.04.2026 , while
staying the order of the High Court , we directed the Trial
Court to proceed with the trial and dispose of the same within
two months and report compliance . We have been informed
that the Sessions Court has concluded the trial in Session Trial
No. 934 of 2023 and convicted all the accused in the said case
under Section 302 of the Indian Penal Code, 1860 (for short
‘the IPC’) apart from other Sections. A Compliance Report has
also been received from the Additional District and Sessions
Judge, Lalitpur, to the said effect.
BRIEF FACTS: -
4) The appellant, who is the brother of the deceased (one
Raghvendra Singh ) lodged an FIR on 30.09.2023 being No.
0342 of 2023 under Sections 147, 323, 504, 506, 302 and 427 of
the IPC at Police Station Talbehat, District - Lalitpur, Uttar
Pradesh against 9 (nine) accused persons including the first
respondent herein . The allegation was that Raghavendra
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Singh was mercilessly assaulted and brutally beaten to death
by the accused persons with lathis, stones and metal rods.
5) After a detailed investigation, in October 2023 , charge
sheets were filed against 7 (seven) accused persons in all
under Sections 147, 323, 504, 506, 302 and 427 of the IPC
before the learned Chief Judicial Magistrate , Lalitpur. On
27.11.2023, cognizance was taken and on 08.12.2023, the case
was committed to the Court of Additional District and Sessions
Judge, Lalitpur, who registered the case as Session Trial No.
0934 of 2023.
6) In the meantime, on 12.11.2023, in relation to the said
crime, a Report was prepared by the Station House Officer
(SHO) to the effect that the accused had committed the said
offence as part of a constituted gang. Accordingly, a Gang
Chart was prepared and forwarded to the higher authorities
on 14.11.2023 and 20.12.2023, respectively.
7) On 01.01.2024 , pursuant to the Gang Chart, the SHO ,
Talbehat, Lalitpur, lodged an FIR No. 0001 of 2024 under
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Section 2(b)(i) of the Uttar Pradesh Gangsters and Anti-Social
Activities (Prevention) Act, 1986 (hereinafter referred to as
‘the Gangsters Act’) against the said accused persons. When
matters stood thus, on 20.02.2024, a learned Single Judge of
the High Court, while disposing the bail application of one of
the accused, directed to conclude the trial in Session Trial No.
934 of 2023 by proceeding with day-to-day hearing so that the
entire trial could be concluded within a period of one year.
8) On 18.01.2025, 7 (seven) accused persons filed an
application before the Additional District and Sessions Judge
Lalitpur, praying to keep the proceedings in Session Trial No.
934 of 2023 in abeyance on the ground that the very same
accused persons were also accused in the proceedings under
the Gangsters Act and the trial under the Gangsters Act should
have precedence over the trial of any other case against the
accused.
9) The Additional District and Sessions Judge, Lalitpur, by
order of 03.03.2025 , dismissed the application. The learned
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Sessions Judge relied on the judgment of this Court in
Dharmendra Kirthal vs. State of U.P. & Anr., (2013) 8 SCC 368
and observed that the legislature while enacting Section 12
did not intend to delay the trial proceedings for the cases
under the Gangsters Act and f