IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Transfer Application (C407) No. 12 of 2011 Smt. Jagri Kaur W/o Jogendra Singh R/o Village Kundanpur, Tehsil Swar, District Rampur (U.P.). ….…..Petitioner Versus 1- State of Uttarakhand Through Secretary Home Dehradun. 2- Pyara Singh S/o Mula Singh 3- Darshan Singh S/o Pyara Singh 4- Tersam Singh S/o Darsan Singh 5- Pratap Singh S/o Darsan Singh All R/o Village Dabhaura Ahetmali, Buriya Farm, Thana Kashipur District U.S. Nagar. ……Respondents Mr. D.C.S.Rawat, Advocate, present for the petitioner. Mrs. Mamta Bisht, A.G.A., present for the State. Mr. B.S. Parihar, Advocate, present for the respondent No.2 to5. Hon’ble Prafulla C. Pant, J. This case is taken up today on mention made by learned counsel for the petitioner and learned counsel for the respondent No. 2 to 5. The petition under Section 407 of Cr.P.C., has been moved before this Court for transfer of Sessions Trial No.135 of 2011, State Vs. Tarsem Singh and others, relating to offences punishable under Section 307, 323, 326, 504, 341 I.P.C., P.S. Kashipur, pending in the court of Sessions Judge, Rudrapur, District Udham Singh 2 Nagar to the Court of Additional Sessions Judge, Kashipur, District Udham Singh Nagar. Learned counsel for the parties submitted that out of the same incident, two cross cases have arisen, and two sessions trial are pending in District - Udham Singh Nagar. One sessions trial No. 137 of 2009, State Vs. Dalveer Singh and others, relating to offences punishable under Section 323, 307, 504 I.P.C., P.S. Kashipur, is pending in the court of Additional Sessions Judge, Kashipur, while another, i.e. sessions trial no. 135 of 2011, State Vs. Tarsem Singh and others, relating to offences punishable under Section 307, 323, 326, 504, 341 I.P.C., P.S. Kashipur, pending in the court of Sessions Judge, Rudrapur, District Udham Singh Nagar. It is settled principle of law that in the matters of cross cases, though no special procedure is laid down for trial in the Code of Criminal Procedure, 1973, but as far as possible, such cases (cross cases) should be tried by one and the same court, so that it may be decided as to which of the party is aggressor. The evidence in the cross cases is required to be recorded separately in both the trials one after another and the same are required to be decided by separate judgements In the above circumstances, having considered submissions of learned counsel for the parties, the petition under Section 407 of Cr.P.C., is allowed, and sessions trial no. 135 of 2011, State Vs. Tarsem Singh and others, relating to offences punishable under Section 307, 323, 326, 504, 341 I.P.C., P.S. Kashipur, pending in 3 the court of Sessions Judge, Rudrapur, District Udham Singh Nagar, is transferred to the court of Additional Sessions Judge, Kashipur, Ditrict Udham Singh Nagar for being tried together with Sessions Trial No. 137 of 2009, State Vs. Dalveer Singh and others, relating to offences punishable under Section 323, 307, 504 I.P.C., P.S. Kashipur, as both the parties are residents of the places near Kashipur. (Prafulla C. Pant, J.) 22.09.2011 JM