DEO NANDAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application by the informant of Sheikhpura P.S. Case No. 73 of 2001 (Sessions Trial No. 581 of 2002) has been filed for the quashing of the order dated 13.11.2006 passed by the learned Presiding Judge, Fast Track Court No. III, Sheikhpura, in Sessions Trial No. 643 of 2003 arising out of Sheikhpura P.S. Case No. 74 of 2001, whereby he has rejected the prayer of the petitioner to stay the further proceedings of Sessions Trial No. 581 of 2002 till the receipt of the final orders from the High Court so that both the Sessions Trials could be heard and disposed of together by the same court on the same day. While rejecting the prayer it was observed by the learned Judge that "admittedly2002 S.C. 581 is under stay order of the Hon'ble Court and so both the cases are not open to hearing together. Hence the present petition for a common hearing of the two cases is rejected."

(2.) IT appears that for an occurrence taking place on 11.4.2001 involving the death of Ruby Kumari, the daughter of the petitioner herein two fardbeyans were, registered, one by Deonandan Yadav, the petitioner herein and the other by Krishnadeo Yadav giving rise to Sheikhpura P.S. Case No. 73 of 2001 and 74 of 2001 respectively which on commitment were numbered as Sessions Trial 581 of 2002 and 643 of 2003 respectively. The prosecution party of one case were the accused in the other and vice versa. The Apex Court in the case of Sudhir v. State of Madhya Pradesh, AIR 2001 S.C. 826 approving the decisions in Re Goriparthi Krishtamma, 1929 MWN 381 and Krishna Pannadi v. Emperor observed:

(3.) THEIR Lordships also noticed that the Apex Court had given its approval to the said practice in Nathi Lal v. State of U.P. which observed as follows: