Law: Governor-Criminal Procedure Code (V of 1898)

Section: 537

Criminal Procedure Code IV of 1898) S. 537-Irregularity--Contention that in case a transaction results in institution of two separate proceedings, one on a Police report and other on a direct complaint, trial Court has no option but to proceed with direct complaint in first instance and during pendency of such proceedings, case instituted on Police report should stand stayed Held : No necessity of separate trials arises when, technically speaking, neither two sets of accused prosecuted nor different versions given, nor any additional evidence to be examined by complainant-No prejudice caused to complainant in such case-Separate trials necessary only when all accused in two cases not same, or each case giving a separate version, or additional evidence to be examined by complainant, such course being necessary to avoid prejudice to complainant and probability of conflicting decisions. Link 1 Link 2 Link 3 Date of hearing : 13th July, 1980.                                                                                                       JUDGMENT This is an application under section 439 of the Code of Criminal Proce dure, whereby the petitioner, Mst. Aziz Begum, prays that an order of the VII Additional Sessions Judge, Karachi, dated 4-2-1980, whereby two cases were consolidated for trial, may be set aside. I have heard Mr. S. M. A. Mahmood, for the petitioner, Mr. Sarfraz Tanoli for respondent Muhammad Khusdil and Mr. A. H. Jatoi, for the State. The learned State Counsel has opposed the grant of the application.         The brief facts of the case are that respondent Muhammad Khusdil was -standing trial in the Court of the VII Additional Sessions Judge, Karachi, on a charge of murder. During the pendency of this case, the petitioner, Mst. Aziz Begum, filed a private complaint in respect of the same offence in the Court of an Additional City Magistrate at Karachi, and this…