IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.R No.93 of 2009 Date of decision : July 16, 2009 Anand Prakash and others …Petitioners. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioners : Mr. N.S. Chandel, Advocate. For the Respondents : Mr. Ramesh Thakur, Assistant Advocate General, for respondent No.1. Surjit Singh, J ( Oral ) Heard. 2. Petitioners are accused in a case, under Section 302 of the Indian Penal Code, which has been committed to the Sessions Court by the concerned Judicial Magistrate and has been assigned to the Fast Track Court for trial. Trial Court has framed charge and listed the case for prosecution evidence. 3. Petitioners plea is that they had also lodged a report with respect to the very incident, in which they are alleged to have committed the murder and that that being a cross case is required to be tried simultaneously with the case against them. According to them, that case has been filed in the Magisterial Court and is presently pending before Judicial Magistrate, Court No.3, Shimla. 4. Cross cases, as per basic principle of criminal jurisprudence, are required to be tried simultaneously, though separately, by the same Court. Therefore, it is desirable that Whether reporters of the local papers may be allowed to see the judgment? …2… the case, which is pending before the Judicial Magistrate, Court No.3, Shimla, is committed for trial to the Sessions Court and the Sessions Court then assigns the same to the Fast Track Court, which has framed the charge in the other case instituted against the present petitioners. 5. In view of the abovestated position, it is ordered that Judicial Magistrate, Court No.3, shall pass appropriate orders, regarding commitment of the case, pending before him, which has been instituted at the instance of the present petitioners. FIR number of that case is 163 of 2008. Order, in terms of this direction, shall be passed by the learned Judicial Magistrate, within a week. In case learned Judicial Magistrate finds that a triable case is there, he shall commit the same to the Sessions Court, making it clear in his order that a cross case, under Section 302 of the Indian Penal Code, already stands committed to the Sessions Court and thereafter the Sessions Court shall assign that case to the Fast Track Court for proceeding in the mater, according to law. Fast Track Court shall then examine whether a prima facie case is made out or not and in case it is felt that a prima facie case is there, he shall frame the charge and try both the cases, side-by-side. 6. Pending compliance of the aforesaid directions, trial against the petitioners shall remain stayed. Petition stands disposed of. Cr.MP No.446/2009 Infructuous. July 16, 2009(sd) (Surjit Singh), J.