SATBIR SEHRAWAT Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The applicant, by means of present application/petition under Sec. 482 of Code Criminal Procedure seeks to direct that the criminal trials arising out of FIR No. 96 of 2011 (case crime number 110 of 2011), police station Bhagwanpur, registered by the petitioners FIR No. 153 of 2009 (case crime no. 220 of2009), in police station Bhagwanpur, registereda: the behest of accused/respondent no. 3 should be tried simultaneously by the learned Addl. Civil Judge (Sr. Div.)/Judicial Magistrate, Roorkee or any other competent court. The applicant also seeks to call for the record of Writ Petition No. 1383 of 2012 and direct the hearing/adjudication of the said petition alongwith the instant petition. Applicant also seeks that during the pendency of both these petitions, viz., the instant petition and Writ Petition No. 1383 of 2012, the criminal trial arising out of FIR No. 153 of 2009, (case crime no. 220 of 2009) against the petitioner and others and presently pending in the court of learned Addl. Civil Judge (Sr. Div.)/Judicial Magistrate, Roorkee should be stayed.

(2.) According to the applicant, the facts arising out of case crime no. 220 of 2009 and case crime no. 110 of 2011 and the respective charge-sheets filed therein, revealed that they relate to the same transactions and are cross cases, in as much as, the complainant and witness in one case, are the accused in other case and vice-versa.

(3.) It is contended on behalf of the applicant that it is not only desirable but is also mandatorily required that both the cases arising out of the two FIRs are not only tried simultaneously, but are also tried by the same Judge.