RAM CHANDER Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE present petition has been filed under Section 407 read with Section 482 Cr.P.C. for transfer of Session case No. 86 SC arising out of FIR No. 713 dated 16.07.2013 registered under Section 307 read with Section 34 IPC at Police Station Sadar Hisar, pending before the Court of Sessions Judge, Hisar and another case i.e., Session case No. 17 -SC arising out of FIR No. 707 dated 14.07.2013 registered under Sections 376, 452, 323, 506 IPC at Police Station Sadar Hisar pending in the Court of Special Court, Hisar, to one Court at District Hisar.

(2.) LEARNED counsel for the petitioner submits that both the incidents are inter -connected, consequent whereupon an FIR No. 707 dated 14.07.2013 was registered against respondent No. 3. Subsequently, as a counterblast, a cross -case i.e. FIR No. 713 dated 16.07.2013, under Sections 307/34 IPC was registered at Police Station Sadar Hisar at the instance of brother of accused persons against the petitioner, his son, daughter -in -law and his brother. Learned counsel also submits that since the origin of both the aforesaid cases is the same incident and in the interest of both the parties, both the cases should be heard by one Court. In support of his contentions, he has relied upon judgement of Hon'ble the Apex Court in case titled as Sudhir and others v. State of M.P.,, 2001 SCC (Criminal) 387 and submits that in the aforesaid case, identical issue was raised wherein it has been held that in such like situation, the judgement of the case which is at the final stage is to be kept pending till the trial of other case is complete.

(3.) HEARD arguments advanced by learned counsel for the parties and have also perused the documents available on record.