WAKIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) EICHER Tractor bearing registration No. PB-44-2007 was allegedly stolen. On the statement of owner of the tractor, namely Sukhdev Singh, case F.I.R. No. 472 dated October 7, 1994, under sections 379/441, Indian Penal Code, was registered by Police Station Tohana, as per Annexure P-1. He was charged for the offence complained of and the trial is pending against him before the trial Court, at Tohana.

(2.) IN relation to the same offence, another F.I.R. No. 60 dated October 13, 1994, under section 411, I.P.C. was registered at Police Station, Bareta, as per Annexure P-3, as the tractor was allegedly recovered from the accused- petitioner during the course of investigation and he is facing trial before the trial Court, at Mansa.

(3.) CONCEDEDLY , in both the cases, the genesis of the offence is the same. In fact theft of tractor took place in the jurisdiction of Tohana, whereas recovery was effected in the area of Bareta, which resulted into registration of two different cases. In order to obviate the chances of conflicting findings by the two different courts, it would be proper that both the cases be tried by one Court. Hence, case pertaining to F.I.R. No. 60 dated October 13, 1994, P.S. Bareta requires to be withdrawn so that the same is also tried along with F.I.R. No. 472, dated October 7, 1994, P.S. Tohana, having regard to the provisions of section 186, Code of Criminal Procedure.