Shri Rakesh Kumar Jain S/O Shri ... vs The State (Govt. Of N.C.T. Of ...
2007 Latest Caselaw 1435 Del

JUDGMENT

V.B. Gupta, J.

1. Present petition under Section 482 of the Cr.P.C. has been filed by the petitioner seeking quashing of the impugned orders dated 3rd February, 2007 passed by Metropolitan Magistrate, Delhi and dated 19th March, 2007 passed by Additional Session Judge, Delhi dismissing the application of the petitioner under Section 219 read with Section 216 of Cr.P.C. and further praying that Metropolitan Magistrate be directed to consolidate the three Criminal Complaints.

2. The petitioner herein, filed an application before the Magistrate seeking consolidation of trials in three Complaint cases. That application was dismissed by the Learned Magistrate.

3. Thereafter, petitioner filed Revision Petition and Additional Session Judge vide impugned order dated 19th March, 2007, dismissed that Petition.

4. Now, the petitioner has challenged both the above orders, passed by the Courts below.

5. I have heard learned Counsel for the petitioner and have the record.

6. As per finding given by the Additional Session Judge, cross-examination of CW-1 has been completed in Complaint case No. 284/1/06, while he is yet to be cross-examined in other two Complaints. Similarly, cross-examination of CW-2 has been completed in Complaint case No. 283/1/06 only and he is yet to be cross-examined in other two cases. The Additional Session Judge held that under these circumstances consolidation of three cases at the present stage is not desirable.

7. Since all the three cases are at different stages, it cannot be said that any prejudice has been caused to the petitioner by not consolidating all the three Complaints and no illegality or irregularity can be attributed to impugned orders passed by the Courts below.

8. Under these circumstances, it is held that the present petition is nothing but an abuse of process of law and there is no merit in it and same is hereby dismissed with costs of Rs. 5,000/-.

9. Costs be deposited by the petitioner with the Trial Court within a period of one month from today and in case petitioner fails to deposit the costs, the trial court shall recover the same in accordance with the provisions of law.

10. Accordingly, the present petition stands disposed of.