NARAYAN PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Misc. Petition under Section 482. Cr. P.C. is directed against the order dt. 25- 2-1997 passed by the learned Chief Judicial Magistrate. Churu whereby he ordered joint trial of the petitioners.

(2.) The relevant facts of the case are these. On 15-10-1992, the Chief Medical and Health Officer, Ratangarh lodged First Information Report at P.S. Churu stating therein that the officers of the Medical and Health Department after forming separate groups went to Gudati Bazar, Churu in order to take samples of food articles and as they started taking samples 30-40 persons collected and they did not allow the officials to take samples and even gave beatings to them and snatched their papers. On this report a case under Sections 147, 148, 149, 332, 353, 336, 382, 379, 427 and 504. IPC and Section 3 of the S.C./S.T. (Prevention of Atrocities) Act was registered. The police after the completion of the investigation filed a challan against 11 petitioners. The petitioners filed an application u/s. 223. Cr. P.C., seeking separate trial in respect of the separate incidents, which was rejected by the Magistrate.

(3.) Mr. Mehta pointing out that separate incidents had taken place at four different shops of the traders, and the accused are not common to all the four incidents contended that there cannot be joint trial of the accused u/s. 223. Cr. P.C.