In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.388 of 2009 (O&M) Date of decision:19.1. 2009 Rohtash Singh ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Sanjeev Kadian , Advocate, for the petitioner. **** SABINA, J. CRM No. 597 of 2009 Application is allowed. The filing of certified copies of Annexures and legible/certified copy of FIR is dispensed with. Crl.Misc.No.M- 388 of 2009 This petition has been filed under Section 482 of the Code of Criminal Procedure seeking stay of the proceedings before the trial Court in FIR No.89/05 dated 29.5.2005 under Sections 304- B/498-A/34 of the Indian Penal Code (“IPC” for short) registered at Police Station GRP, Rewari till the commitment of complaint case No.413/07 under Section 306 IPC. Learned counsel for the petitioner has submitted that the Criminal Misc. No.388 of 2009 (O&M) -2- petitioner was facing the trial under Section 304-B/498-A/34 IPC, whereas, he had lodged a private complaint under Section 306 IPC against Ram Singh-complainant in the State case. Learned counsel for the petitioner has further submitted that both the cases should be tried by the same Court simultaneously. Evidence in both the criminal cases has to be led separately and both the cases are to be decided on the basis of the evidence led in each case. The evidence led in one criminal trial cannot be read in the other criminal trial. In these circumstances, there is no justification for staying the proceedings in the State case bearing FIR No.89/05 dated 29.5.2005 under Sections 304-B/498- A/34 IPC registered at Police Station GRP, Rewari. Accordingly, this petition is dismissed. However, the Judicial Magistrate, Ist Class, Gurgaon is directed to complete the commitment proceedings and commit the complaint case bearing No.413/07 under Section 306 IPC for trial expeditiously. (SABINA) JUDGE January 19, 2009 anita