Narayana Das vs VI Addl. Sessions Judges,Jhansi & Ors.

G.S.N. Tripathi, J.—This petition is being disposed of finally.

Admittedly in relation to the same incident, both the parties have filed FIR. Both the cases were investigated and chargesheet has been fiied in the Court. However, the chargesheet was not under Section 308, Cr.P.C., therefore complainant has filed a separate complaint.

The accused filed an application before the trial Court to amalgamate all proceedings under Section 210, Cr.P.C.. Unfortunately that has not found favour with the learned trial Court and learned revisional Court.

Having heard the learned Counsel for the parties and gone through papers on record and looking to the gravity of Section 210, Cr.P.C.., I find that the provisions of Sectoin 210, Cr.P.C. are mandatory in nature.

Not only this there is possibility of there being different judgments on the same facts if the cases are tried separately in the separate Courts. Under these circumstances the petition is finally liable to be allowed. The order passed by the Courts below are liable to be set aside.

Both the cases shall be disposed of by the same Court acting under Section 210, Cr.P.C.. If at the stage of framing of charge, the learned Court finds that a case under Section 308, IPC is also made out, he shall commit all the cases to the Court of Session for trial in accordance with law.

With these observations, the petition is allowed and the impugned order passed by the Courts below are set aside. The matter shall go before the learned Magistrate who shall act in accordance with law and directions given by this judgment and decide the case at the earliest.

A certified copy of this order may be provided to the learned Counsel for the petitioner on payment of usual charges.