The central legal point established in the judgment is the importance of trying cross cases together by the same court to avoid conflicting judgments.

JUDGMENT :

Sandeep Sharma, J.

1. Petitioner namely, Roshan Lal, who is an accused in case FIR No. 18/18 registered at police Station, Sujanpur, District Hamirpur, Himachal Pradesh and facing trial before Gram Panchayat, Chabutra, Tehsil Sujanpur, District Hamirpur, H.P. has approached this Court in the instant proceedings filed under Section 482 of Cr.P.C. with a prayer to transfer the aforesaid trial being faced by him to the Court of learned Judicial Magistrate, 1st Class-IV, Hamirpur, District Hamirpur, H.P. where cross FIR No. 19/18, having been filed by him qua the same incident is pending adjudication.

2. In nutshell, case of the petitioner is that since two FIR's bearing No. 18/18 and 19/18 came to be lodged at Police station, Sujanpur qua one incident, investigating Officer after conclusion of the investigation in both the FIR's ought to have filed challan in both the cases before the learned Judicial Magistrate, 1st Class-IV, Hamirpur, H.P. because offences under Sections 341, 323, 504 and 34 of IPC alleged to have been committed in FIR No. 19/18 are only triable by Judicial Magistrate, 1st Class-IV, Hamirpur, H.P.

3. Precisely, the facts as emerge from the record are that the petitioner herein lodged FIR bearing No. 19/18 at police Station, Sujanpur on 22.2.2018, alleging therein that on the date of alleged incident, at 2:00 PM, when he driving his scooter bearing No. HP-84-2280 reached near Graud Gatwala, accused Purshotam, his wife Karmi Devi and son Sanjay not only started abusing, but also manhandled him, as a consequence of which, he suffered simple as well as grievous injuries. Police after recording the statement of complainant (petitioner herein) under Section 154 Cr.P.C. registered a case under Sections 341, 323, 504 and 34 of IPC against the accused. On the same day, accused referred hereinabove, also lodged FIR bearing No. 18/18 at police Station, Sujanpur, alleging therein that petitioner herein gave beatings to them, as a consequences of which, they suffered simple as well as grievous injuries. In that case, police after recording the statements of the complainant and the victims registered a case under Sections 341, 323, 325, 504 and 34 of IPC against the petitioner herein.

4. After completion of the investigation in both the FIR's, Investigating Officer presented the challan in FIR No. 18/18 before the Gram Panchayat, Chabutra, Tehsil Sujanpur, District Hamirpur, H.P since in that case offences alleged to have been committed by the accused are/were exclusively triable by Gram Panchayat, whereas in other FIR No. 19/18 having been filed by the petitioner, Investigating Officer filed challan in the court of learned Judicial Magistrate, 1st Class, Court No. 4, Hamirpur, H.P. as offences alleged to have been committed in that case are/were exclusively triable by learned Judicial Magistrate. As per the pleadings adduced on record challan filed in two different cases before two different forums are still pending adjudication.

5. Mr. P.M. Negi, learned counsel representing the petitioner vehemently argued that since two cross FIR's qua the same incident were filed on the same day at one police station, Investigating Officer ought to have filed challans, if any, in one Court i.e. Judicial Magistrate, 1st Class, Court No. 4, Hamirpur, H.P. because offences alleged to have been committed by the petitioner in FIR No. 19/18 are/were admittedly triable by Magistrate and not by Gram Panchayat. Mr. Negi, further contended that though as per investigation, offences alleged to have been committed by the accused in FIR No. 18/18 are/were triable by Gram Panchayat, Chabutra, but since both the FIR's pertains to one incident, Investigating Officer ought to have filed challan in the Court of learned Judicial Magistrate, 1st Class, Court No. 4, Hamirpur, H.P. so that no contradictory judgments qua the same incident are passed by two different courts.

6. Mr. Kunal Thakur, learned Deputy Advocate General, while admitting that both th