T ZEDSON Vs. KISTA RAO

JUDGEMENT

(1.) The simple question 'to which this revision gives rise to is whether two cases-one arising out of police charge-sheet and the other out of a private complaint-in respect of the same offence can be clubbed and tried together.

(2.) The brief facts necessary for disposal of this revision are: Two sessions cases, S C 114/88 and S C 80/86, the former arising out of a police- charge-sheet and the latter out of a private complaint, in respect of the same offence are pending before the Court below. All the accused in S C 114/88 are arrayed as such in S C 80/86 also. The complainant filed a petition before the Court below for clubbing and trying these two cases together. But that petition was dismissed. Hence this revision.

(3.) Sections 210 and 223 Cr P C , relate to trial of cases together and they, to the extent relevant, read: "210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence. (1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him that an investigation by the police is in progress in relation to the offence which is the subject matter of the inquiry.or trial held by him the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. (2) If a report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. (3) xx xx xx "223. What persons may be charged jointly. The following persons may be charged and tried together namely;- (a), persons accused of the same offence committed in the course of the same transaction......."