PHOOL CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petition has been filed under Section 407 read with Section 482 Cr.P.C. and Article 227 of the Constitution of India, for giving direction to the Judicial Magistrate 1st Class. Jagadhri, to commit the complaint case No. 302/1 of 1997 titled "Phool Chand v. Bishana Ram". to the Court of Additional Sessions Judge. Ambala, on the ground that the cross-case titled "State v. Phool Chand and others". F.I.R. No. 59 dated 2.7.1987, P.S. Sadar Yamuna Nagar, under Sections 302/307/324/148/149 I.P.C. arising out of the same occurrence is already pending there.

(2.) THERE is no dispute between the parties that both these cases arise out of the same occurrence. In these circumstances, in order to avoid the conflict of judicial opinion, the judicial Magistrate 1st Class, -Jagadhri, is directed to commit the complaint case to the Court of Sessions for trial. The Magistrate. is further directed to conclude he proceedings expeditiously, by holding by day to day proceedings, if need be.