INDER PRATAP SINGH Vs. STATE OF H P

JUDGEMENT

(1.) All the petitioners have challenged the order dated 14/7/1999 passed by learned Chief Judicial Magistrate, Chamba, whereby they have been ordered to be summoned, as accused. I have heard the learned Counsel for the parties and with their assistance record of the trial Court has been examined.

(2.) In this behalf, it may be worthwhile to notice that two First Information Reports were lodged with Police Station, Sadar, Chamba. One was F.I.R. No. 278/94. This F.I.R. was registered at the instance of respondent No. 2 under Sections 356/506/34 I.P.C. The other F.I.R. No. 277/94 was registered under Sections 336/506/34 I.P.C. Since both the F.I.Rs. pertained to the incident alleged to have taken place at the same time and same place, in all fairness, as well as, with a view to avoid conflicting decisions, should have been investigated by the same officer and thereafter should have further been sent for trial simultaneously.

(3.) Fact remains that the case arising out of F.I.R. No. 277/94, was sent for trial before the Court below. After recording evidence and after considering respective submissions in this case, the accused, namely Jasbeer Singh, Rohit Parkash Chaudhary, Dharam Chand, Dr. Pradeep Saini and Ramesh Chand, all were acquitted.