Lucknow High Court dismissed the petition. Lucknow High Court rejected the petition: It was filed by the accused in the Chandan murder case in Kasganj; The case will continue in NIA court also – Lucknow News

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This was rejected by the court after hearing. In the earlier hearing, the court had put an interim stay on the trial. Now after the dismissal of the petition, the trial proceedings will proceed.

This order has been passed by the single bench of Justice Rajiv Singh after hearing the petition filed on behalf of accused Naseem Javed. Senior advocate Satish Chandra Mishra, appearing for the petitioner, told the court that the Supreme Court had stayed the framing of charges under section 124A of the IPC related to treason as per its judgment in the SG Vombatkere case.

The Supreme Court has also said in the same order that the cases in which charges have been framed under Section 124A will also be stayed. The petitioner’s advocate also told the court that despite this order of the Supreme Court, the trial in the present case is going on under 124A and the final hearing is going to be held.

Along with this, the court was also told that as per the notification of the State Government itself, the trial under the NIA Act can be conducted only before the third most senior Additional Sessions Judge, whereas the present trial is being conducted before the Additional Sessions Judge. He is at sixth position in seniority order.

The court in its detailed judgment said that in the Vombatkere case, the apex court had made it clear that if the trial is going on under 124A as well as other provisions, then it will continue, although the trial proceedings will not take place under 124A.

Regarding the seniority of the trial judge, the court found that the Additional Sessions Judge, where the present trial is going on, is sixth in the seniority order, but the other judges senior to him are special judges of different courts. Thus, if he is excluded from the calculation, the present trial judge comes only third in seniority.