IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28282 of 2009 Shakil Khan @ Diwan Shakil Khan Versus State Of Bihar ---------------------------------- 03 21.9.2011 Supplementary affidavit is filed on behalf of the petitioner. Petitioner is permitted to make informant of Sessions trial no. 12/2009 as opposite party no.2 to this petition within the course of the day. Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State and learned counsel appearing for opposite party no.2. The grievance of the petitioner is that two cases i.e. Chainpur P.S. case no. 26/1997 and Chainpur P.S. case no. 27/1997 were registered on the same day as case and counter case but Chainpur P.S. case no. 27/1997 is presently, pending in the court of learned Fast Track Court no. III, Bhabua as Sessions Trial no. 12/2009 whereas Chainpur P.S. case no. 26/1997 is pending in the court of Magistrate as trial no. 304/2009. It is gathered from the record that the petitioner filed Cr. Misc. no. 5/2009 before the learned Sessions Judge, Kaimur at Bhabua praying therein that both the cases should be tried by one court as the aforesaid cases are case and counter case to each other. The learned Sessions Judge rejected the aforesaid prayer vide order dated 29.6.2009 passed in Cr. Misc. no. 5/2009. Being aggrieved by the aforesaid order of the learned Sessions Judge, Kaimur the 2 petitioner filed this petition before this court under section 482 of the Cr.P.C. for quashing the aforesaid order dated 29.6.2009 passed by learned Sessions Judge, Kaimur in Cr. Misc. no. 5/2009. Learned counsel for the petitioner submits that Chainpur P.S. case no. 26/1997 was registered on the basis of fardbeyan of Diwan Sagir Khan for an occurrence which had taken place on 14.3.1997 at 12.45 P.M. and in the aforesaid occurrence, the informant of Chainpur P.S. case no. 27/1997 as well as other persons assaulted the above stated Diwan Sagir Khan and others. He further submits that on the same day Chainpur P.S. case no. 27/1997 was registered on the basis of the fardbeyan of Shamim Khan, who is accused in Chainpur P.S. case no. 26/1997 and fardbeyan of the aforesaid Shamim Khan was recorded on 14.3.l1997 at about 12 P.M. stating therein that informant of Chainpur P.S. case no. 26/1997 assaulted him as well as several other persons with different weapons. Chainpur P.S. case no. 26/1997 was registered under section 307 and other minor sections of the IPC and 27 of the Arms Act and similarly, Chainpur P.S. case no. 27/1997 was registered under section 307 and other minor sections of the IPC as well as section 27 of the Arms Act. It appears from the record that after submission of the charge sheet, Chainpur P.S. case no. 26/1997 was sent to the court of Judicial Magistrate for trial whereas Chainpur P.S. case no. 27/1997 was committed to the court of sessions as charge sheet was submitted in the aforesaid case for the offences triable by the court of sessions. Admittedly, there is case and counter case between the 3 parties for the same occurrence but above stated two cases are pending in two different courts. It is well settled principle that case and counter case should be tried by one court and judgment in both the cases should be delivered on the same day. Supplementary affidavit filed on behalf of the petitioner reveals that in Sessions trial no. 12/2009 which has been arisen out of Chainpur P.S. case no. 27/1997, evidences of both the parties have already been recoded and the case is running for argument. So far as trial no. 304/2009 arising out of Chainpur P.S. case no. 26/1997 is concerned, it appears from Supplementary affidavit that almost all the witnesses have already been examined except Investigating officer and the doctor to whom summons have already been issued. In the aforesaid circumstances, in my view, trial no. 304/2009 arising out Chainpur P.S. case no. 26/1997 should be transferred to the court of the Fast Track Court no. III, Bhabua who is in seisin of Sessions Trial no. 12/2009 with direction to him to try both the aforesaid cases simultaneously and deliver judgments in both the cases on the same day. In view of the aforesaid discussions the learned Judicial Magistrate who is in seisin of trial no. 304/2009 arising out of Chainpur P.S. case no. 26/1997 shall send record of Chainpur P.S. case no. 26/1997 to the court of learned Fast Track Court no. III, Bhabua and after receipt of the aforesaid record leaned Fast Track Court no. III, Bhabua shall proceed with the trial of 304/2009 and deliver judgments in trial no. 304/2009 as well as Sessions trial no. 12/2009 on the same day 4 simultaneously. In the light of the aforesaid observations, this petition stands disposed off. Let this order be communicated through FAX to learned Fast Track Court no. III, Bhabua in Sessions trial no. 12/2009 and learned Judicial Magistrate, Bhabua in Trial no. 304/2009 at the cost of the petitioner. Shahid ( Hemant Kumar Srivastava,J)