State Of Karnataka vs Annegowda

In CC No. 8055 of 1993, which is now at the stage of arguments, accused Annegowda filed an application under Section 309 Cr.P.C. on 2.8.2002 requesting the Court to defer the recording of his statement under Section 313 Cr.P.C. till all the other 10 cases against him reach the stage of the statement of the accused. Trial Court dismissed the said application, aggrieved against which respondent filed Criminal Revision Petition No. 294 of 2002 before the Revisional Court which was dismissed on 22.2.2003. Thereafter, Respondent filed a petition under Section 482 Cr.P.C. in the High Court which has been allowed by the learned Single Judge by the impugned order and a direction has been issued to the Trial Court to hold trial and record evidence in all the aforesaid cases simultaneously and dispose of the same simultaneously as far as possible. Submission made on behalf of the respondent that he could not be forced to reveal his defence as it would enable the prosecution to cover up the lacunae in other cases which are pending in trial was accepted. This direction has been issued in the purported exercise of power conferred under Section 242 Cr.P.C. which according to the learned Single Judge gives the jurisdiction to a Court to defer cross examination of the material witnesses until all the material witnesses are examined by the prosecution as part of fair trial.

Section 242 of the Cr.P.C. deals with the recording of evidence of prosecution. Clause (1) of the Section provides that if the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under Section 241 the Magistrate shall fix a date for the examination of witnesses. The Magistrate is authorised under Clause (2) to issue a summons to any of the witnesses directing him to attend or to produce any document or other thing and under Clause (3) on the date fixed the Magistrate is enjoyed upon to take all such evidence as may be produced in its support by the prosecution. Proviso permits the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination. It does not deal with either the clubbing of cases registered against the accused or simultaneous trial of different cases registered against an accused. On an earlier occasion the respondent had filed an application under Section 312 read with Section 219 Cr.P.C. in this case seeking a direction to club CC No. 8165 of 1994 with this case and to hold a common trial. The said application came to be rejected by the Magistrate on 4.7.1994. Against the said order the respondent filed a Criminal Revision Petition No. 75 of 1995 before the XXIII, Addl. City Civil and Sessions Judge, who heard the matter and dismissed the same by its judgment and order dated 15.7.1995. It was held that there was no reason to club the matter and to hold a common trial. However, a direction was given to expedite the trial of CC No. 8165 of 1994 and if possible dispose it off simultaneously with the present case.

For the reasons stated above, the appeal is allowed. The judgment and order of the learned Single Judge of the High Court of Karnataka is set aside and those of courts below are restored. Trial Court may now proceed in accordance with law.