AMRENDRA KUMAR YADAV Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The instant revision is directed against the order, dated 1st of April, 2024, passed by the learned Special Judge, CBI-II, Patna in Special Case No. 3 of 2018, arising out of Kotwali (Tilkamanjhi) P. S. Case No. 494 of 2017, R. C. Case No. 11/A/2017, whereby and whereunder, the Trial Court rejected the application, dated 7th of December, 2023, filed by the petitioners under Sec. 223 of the Cr.P.C. for joint trial of Special Case Nos. 6 of 2017, 3 of 2018 and 5 of 2020 at the stage of examination of the accused persons under Sec. 313 of the Cr.P.C. on the ground that all three cases arose from Kotwali (Tilkamanjhi) P.S. Case No. 494 f 2017.

(2.) It is contended on behalf of the petitioners that the above-mentioned three special cases originated from the same F.I.R. and factual transactions rest on the same documentary evidence and statement of witnesses. Therefore, separate trial of the above-mentioned cases would lead to multiplicity, prejudice and miscarriage of justice. It may also result contradictory judgments on the same alleged incident and therefore, the accused persons / petitioners in three cases ought to be charged jointly.

(3.) In order to appreciate the case of the petitioners, it is necessary to state the prosecution case in a nutshell.