RAJESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision is directed against the order passed by the learned 2nd Additional Sessions Judge, Mhow District - Indore in Sessions Trial No.380/2015 dated 19.01.2016 whereby the learned Additional Sessions Judge dismissed an application field by defence counsel Shri Salam Mehar, to call the complaint case filed by complainant - Rajesh and Maansingh against the accused persons Gopal, Rajesh and Subhash being counter case of the sessions trial pending before the learned Additional Sessions Judge.

(2.) The learned Additional Sessions Judge opined in the impugned order that there is a difference in time of the incident. According to the FIR in the sessions trial, the incident took place at 7.00 a.m. while in the complaint case, time of incident is said to be 7.30 a.m. Also the spot where the incident allegedly took place is different in the complaint case. The house of Gopal in front of which the incident was said to have taken place was not shown by the Investigating Officer in the site map and in this view of the matter, the learned Additional Sessions Judge dismissed the application.

(3.) Learned counsel for the applicant submits that the incident took place in a same transaction, and therefore, they are counter to each other. According to him, the genesis of both the incident was the same, and therefore, both the cases should be heard as counter cases by the same Court.