IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 142 of 2009 1. Niranjan Singh Pokharia S/o Late Shri Khim Singh Pokharia 2. Kundan Singh Pokharia S/o Late Shri Khim Singh Pokharia R/o Village Dangti P.S. Askot, District Pithoragarh. ………. Revisionists. Versus State of Uttarakhand. .…….Opposite party. Shri M.S. Pal, Senior Advocate, assisted by Shri R.S. Sammal, present for the revisionists. Shri M.A. Khan, Brief Holder, present for the State. Hon’ble Prafulla C. Pant, J. Learned counsel for the revisionists argued that there are two cross cases of the same incident. One relates to the offence punishable under section 302 I.P.C.(ST 39 of 2008 pending in the court of Session Judge, Pithoragarh) and the another case relates to offence punishable under section 307 I.P.C. in respect of which the accused of said case 2 have obtained a stay order by filing criminal misc. application No. 531 of 2009. 2. Learned counsel for the revisionists drew attention of this Court to the case State of M.P. vs. Mishrilal (2003) SCC (Criminal) 1829, and it is argued that both the cases should be tried together. In the said referred case it is nowhere directed by the Apex Court that where the proceedings of one case are stayed, the proceedings of the another case should not be proceeded with. 3. In the above circumstances this Court does not find any force in this revision, which is liable to be dismissed. 4. Accordingly this revision is dismissed. 5. Urgency application No. 1483 of 2010 stands disposed of. (Prafulla C. Pant, J.) Dt:29.04.2010 parul 3