DAWOOD OSMAN KUMBHAR Vs. UMAR AHMAD JUNEJA

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner Mr. B.B.Naik and learned advocate Mr. N.V.Anjaria appearing for Respondent Nos. 1 to 9 and 11 to 15. Name of Respondent No.10 has been deleted vide order dated 26.8.2003.

(2.) The present petitioner is the original complainant of first information report registered with Mandvi Police Station against the respondents being Crime Register No. I-39 of 2001. It is in connection with an incident occurred on 7.4.2001 and after the investigation, persons named in the complaint have been charge sheeted for the offences punishable under Sections 325, 323, 504, 506(2), 143, 147 and 149 of IPC and also for the offences punishable under Section 135 of Bombay Police Act. For the same incident one another offence was also came to be registered with the very police station being Crime Register I-38 of 2001 for the offences punishable under Sections 302, 323, 324, 307, 243, 147, 148, 149, 504, 506(2) of IPC and Section 135 of Bombay Police Act.

(3.) The grievance raised by the present petitioner in the memo of revision is that though accused of both these cases after charge sheet committed to the Court of Sessions where required to be tried simultaneously, i.e. one after another, but the learned Sessions Judge in ignorance of the legal obligation has decided one of this cross sessions case by judgement dated 9.1.2003. The learned Judge while deciding the Sessions Case No. 15 of 2002 has acquitted the accused.