PHOOL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioner seeking a direction for the clubbing of proceedings in the cases FIR No. 106 dated August 19, 2000 under Sections 307, 325 read with Section 34 of the Indian Penal Code, Police Station Radaur pending before Shri S.S. Lamba, Additional Sessions Judge, Jagadhri and a complaint case No. 452 dated March 4, 2001, under Section 307, 452, 323, 324, 148 and 149 of the Indian Penal Code, Police Station Radaur pending before Shri R.S. Dhanda, Judicial Magistrate I Class, Jagadhri. In the complaint case, present respondent Nos. 2 to 7 have been summoned under Sections 323/324/148 and 149 of the Indian Penal Code.

(2.) IT is not in dispute that on account of an occurrence dated August 19, 2000, the petitioner Phool Singh along with three others has been challaned and is facing trial under Sections 307, 325 read with Section 34 of the Indian Penal Code. The aforesaid trial is pending in the Court of Shri S.S. Lamba, Additional Sessions Judge, Jagadhri.

(3.) THE proceedings before the learned Additional Sessions Judge arising out of FIR No. 106 dated August 19, 2000 against the petitioner and three others are at the stage of defence evidence. At that stage, the petitioner filed an application before the Additional Sessions Judge to stay the aforesaid proceedings till the matter in the complaint filed on behalf of the petitioner matures for arguments and to club the proceedings in the two cases. The aforesaid application filed by the petitioner has been rejected by the learned Additional Sessions Judge vide order dated April 26, 2004. A copy of the aforesaid order dated April 26, 2004 has been appended as Annexure P-4 with the present petition.