HARJIT SINGH Vs. HARI SINGH & OTHERS

JUDGEMENT

(1.) IN this case, petitioner was seeking a direction to the trial court that it should expedite the proceedings in criminal complaint No. 124 of 2008, i.e. Harjeet Singh Vs. Hari Singh & others, lodged with the said court on the 5th August, 2008, under Sections 323, 324, 325, 148 & 149 of the IPC. His contention was based on the fact that the said complaint was a cross version of the complaint resulting into FIR No. 119 dated 8.6.2008, registered under Sections 324, 323, 295 read with Section 34 of the IPC at Police Station Sadar, District Abhor. As such, learned counsel has submitted that though, in the complaint case, preliminary evidence was closed on 17.5.2010 and no progress was made thereafter, in the FIR case registered on the 8th June, 2008, evidence had already been closed and the matter was listed for arguments on the 12th July, 2013. At that stage, he had, therefore, sought that without proceeding further in the complaint case, the learned trial court should be restrained from deciding the case arising out of the FIR. I have seen the trial court records, which have been received pursuant to the last order of this Court. Be that as it may, learned counsel has today relied upon two judgments of the Supreme Court, in the cases of Nathi Lal and others Vs. State of U.P. and another, : 1990 (Sup) SCC 145 and Sudhir Vs. State of M.P.,, 2001 (1) R.C.R. (Cri) 743, to submit that the judgment in one case cannot be pronounced, when a cross version is also pending.

(2.) IN Nathi Lal's case (supra) the Supreme Court held as under: -

(3.) IN view of the above, the trial court would proceed with the case arising of the FIR and, after hearing the arguments, reserve judgment and, thereafter, proceed with the complaint case and come to its conclusion and decide both of them as per the procedure laid down in the above mentioned cases, decided by the Hon'ble Supreme Court. This petition is, accordingly, disposed of with the above directions, which shall be conveyed to the learned trial court immediately.