NIYAZ MOHD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 10.5.2011 passed by the Addl. District and Sessions Judge (Fast Track), No. 1, Udaipur, whereby the learned Judge has rejected the petitioner's application for consolidating the case along with Sessions Case No. 125/2009.

(2.) The brief facts of the case are that a criminal case was registered against twelve persons, out of whom eleven were arrested and charge-sheet was filed against them. Since the petitioner was absconding, the charge-sheet against him was filed under Section 299 Cr.P.C. against him. Subsequently, he was arrested in the year 2010. The witnesses in Criminal Case No. 125/2009 have already been examined and many of them are eye-witnesses. However, after the arrested of the petitioner, a supplementary charge-sheet has been filed; vide order dated 22.2.2011 charges for offences under Sections 147, 148, 324/149, 307/149 and 302/149 I.P.C. and for offence under Section 4/25 Arms Act, were framed against the petitioner. Subsequently, he moved an application seeking consolidation of his particular case, Criminal Case No. 46/2001 along with Sessions No. 125/2009. However, vide order dated 10.5.2011, the learned Judge has dismissed the said application. Hence, this petition before this Court.

(3.) The learned counsel for the petitioner has vehemently contended that in his application he has clearly stated that he does not wish to cross-examine all the witnesses. In fact, he is interested only in cross-examining three witnesses, who have been produced by the prosecution. Therefore, the reasoning given by the learned Judge that the application is a clever ploy by the petitioner and other co-accused persons to delay the trial, does not hold water. He has further contended that under Section 223(1)(a), the cases should be consolidated.