Law:

Section:

Criminal trial-Procedure for trial of counter-cases arising out of same occurrence-General practice to try counter-cases side by side till their conclusion and pronounce in each case simultaneously-Rule, however, not absolute or inflexible­. There could be departure from such procedure on facts of particular case-Challan case under Ss. 302/307/149, P. P. C. whereas counter complaint case filed by accused under S. 307/149, P. P. C.-Held, complaint case could competently be disposed of by Magistrate himself-Magistrate, being inferior to Court of Sessions, should normally await decision of that Court in counter-case and not vice versa-Pronouncing oj' by Sessions Court stayed by High Court under S. 561-A, Cr. P. C. pending decision in counter complaint case before Magistrate-Held, not justified-Order of High Court set aside and Sessions Court directed to prepare and pronounce as early as possible-Penal Code (XLV of 1860), Ss. 307 & 302. The trial of a challan case under sections 148, 302/307/149, P. P. C. had concluded and a date was fixed for the delivery of by the Sessions Judge. A counter-case on F. I. R lodged by one of the accused in the challan case and arising out of the same occurrence was also being tried by a Magistrate First Class. In this state of things an application under section 561-A, Cr. P. C. was moved by the accused in the challan case with prayer to direct the Court of Sessions not to announce in the challan case until the conclusion of the hearing of the complaint case. The High Court acceded to this prayer and stayed the announcement of the by the Sessions Judge. Held : The Code of Criminal Procedure is silent with regard to the procedure to be adopted in the trial of counter-cases arising out of the same occurrence. It has not been laid down anywhere in the Code as an absolute rule that all charges and counter­charges must be tried by the same Court in the manner as laid down in A I R 1944 Bom. 1946. While it is the general practice to try the counter-cases side by side by the same Court till their conclusion and to pronounce in each case simultaneously, it cannot be said that this is an absolute rule to be adhered to strictly in every…

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