Crl.Petition No.11758 of 2022
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THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.11758 OF 2022
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner- Accused No.2 to direct the Additional Judicial First Class Magistrate, Ramannapet, to try the case and counter case vide C.C.Nos.385 of 2016 and 471 of 2016 together and render the judgment on the same day.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. The petitioner is the Accused No.2 in C.C.No.385 of 2016. The said case is filed against this petitioner and two others namely Dhumpa Shankaraiah and Dhumpa Naveen by one Dhumpa Swamy. Another complaint was filed by the petitioner herein, Dhumpa Naveen and Dhumpa Shankaraiah who are arrayed as Accused Nos.1 to 3 in C.C.No.385 of 2016 against Dumpa Swamy, Dumpa Yadamma and Dumpa Madhu who are Accused Nos.1 to 3 in C.C.No.471 of 2016.
Crl.Petition No.11758 of 2022 2
4. Learned Additional Public Prosecutor submits that the de facto complainant is not heard before pronouncing the orders.
5. In both the calendar cases, complaint and counter complaint were filed regarding the incident that happened on 10.04.2016. When the incident happened on the very same day, this Court finds that in the interest of justice, both the case and counter case have to be tried together. Notice is not required to the de facto complainant. Since both the parties are claiming to be the victims, both cases were filed and the families in one case who are accused are witnesses in one case and vice versa. For the said reasons, this Court deems it appropriate to direct the Trial Court to try both the cases together.
6. Accordingly, the Criminal Petition is allowed directing the Additional Judicial First Class Magistrate, Ramannapet, to try both the cases together by examining the witnesses in both the cases and pronounce judgment simultaneously. Needless to say, the said procedure has to be adopted by the Magistrate to avoid conflicting orders.
Crl.Petition No.11758 of 2022 3 Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 28.12.2022 rev Note: C.C. by 02.01.2023.
B/o rev