BHERU SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a petition under Section 482, Cr.P.C. by the author of FIR No. 216/98, P.S., Jaitaran. Bheru Singh, present petitioner, lodged the said FIR with the allegation that he was going along with his younger brother Balvir Singh to deposit the fee of their sister at the school; but, on the way, non-petitioners No. 2 and 3 halted them and assaulted inflicting injuries. On the basis of the allegations in the FIR, the police registered case under Sections 341 and 323/24, I.P.C. for investigation. Non-petitioner No. 3 also filed an FIR, being FIR No. 220/98, P.S., Jaitaran whereupon case under Sections 341 and 323/24, I.P.C. was registered for investigation against the present petitioner and others. In both the aforesaid FIRs, viz., FIR No. 216/98 and FIR No. 220/98, the police filed challan, however, in FIR No. 220/98, P.6., Jaitaran. filed by the non-petitioner against the present petitioner and others, the polie filed challan for offences under Sections 341, 323 and 307, I.P.C. Thus, in FIR No. 216/98, the challan was filed in the Court of Addl. Chief Judl. Magistrate, Jaitaran wherein, upon cognizance of offence having been taken, Criminal Case No. 212/98 was registered for trial and the accused non-petitioners are facing trial therein. Since challan was filed by the police for offences under Sections 341, 323 and 307, I.P.C. in FIR No. 220/98, the case was committed to the Sessions Court and as such came to be tried by the Addl. Sessions Judge, Sojat (Camp Jaitaran) being Sessions Case No. 36/99.

(2.) In Criminal Case No. 212/98 (arising out of FIR No. 216/98, P. S. Jaitaran filed by the present petitioner), pending before the Addl. Chief Judicial Magistrate, Jaitaran, the petitioner moved application under S. 323, Cr. P.C. stating that Criminal Case No. 212/98 pending in the Court of Addl. Chief Judicial Magistrate, Jaitaran and Sessions Case No. 36/99, pending in the Court of Addl. Sessions Judge, Sojat (Camp Jaitaran) are cross cases arising out of the same incident, therefore, Criminal Case No. 212/98 may be committed to the Sessions Court so that both the cases may be tried by the same Court viz., Addl. Sessions Judge, Sojat (Camp Jaitaran). The said application was rejected by the learned Addl. Chief Judicial Magistrate, Jaitaran vide the impugned order dated 29-11-2000. The petitioner preferred a revision petition against order dated 29-11 -2000 before the Addl. Sessions Judge, Sojat (Camp Jaitaran). However, the revisional Court found that the petitioner moved the application at a highly belated stage when the criminal case pending before the Addl. Chief Judicial Magistrate was already at a conclusive stage. The revisional Court also agreed with the trial Court that in both the cases neither the time of the incident coincided nor it appears that the incident is identical having occurred at one place. Thus the revisional Court also dismissed the revision petition filed by the petitioner by order dated 21-11-2001. Hence the present petition under S. 482, Cr. P.C.

(3.) In the instant petition, the petitioner has prayed that the impugned orders dated 29-11-2000 passed by the Addl. Chief Judicial Magistrate, Jaitaran and order dated 21-11-2001 passed by the revisional Court may be set aside and trial of both the cases may be conducted by the same Court.