OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE misc. petition is directed against the order dt. 11.3.1997 passed by the Additional Sessions Judge, Rajgarh whereby he upheld the order dt. 8.1.1997 passed by the learned Judicial Magistrate, Rajgarh rejecting the application of complainant petitioner Omprakash.

(2.) MR . Beniwal, learned Counsel for the petitioner, points out that in respect of the occurrence which took place in the evening of 28.2.1996 both the parties lodged reportes on which F.I.R. Nos. 83/96 and 84/96 were registered, and the police filed challan in both the cases, and the learned Magistrate committed the case of F.I.R. 84/96 to the Court of Sessions. He contends that since the Cr. Case No. 257/96 filed on F.I.R. No. 83/96 is a cross case of the case committed to the Court of Sessions, the complainant's application dt. 31.10.1996 for committing this case to the Court of Sessions ought to have been allowed. He submits that since both the cases arise out of one and the same incident, they should be tried by the same Judge.

(3.) I have gone through the facts of the F.I.R. Nos. 83/96 and 84/96. It is evident that in both the F.I.Rs. The incident which took place in village Gothyawadi on 28.2.1996 at 7.30 P.M. has been reported. The place of occurrence disclosed in both the F.I.Rs. is near the house of Kashi Ram Saran. The accused in one case are almost the witnesses in another case. It may be that in the F.I.Rs. the parties have stated the facts in different manner, yet it is obvious that both the F.I.Rs. are in respect of one and the same occurrence.