1. This judgement will dispose of Criminal Revision Petition No.25 of 1986 entitled Mohan Singh Vs. Puran Singh and Criminal Revision Petition No.43 of 1986 entitled Puran Singh Vs. Mohan Singh and ors.

2. Out of an incident which allegedly occurred on 8.8.1983 in the court premises at Jammu, two cross reports came to be lodged at Police Post, Panjtirthi, Jammu; one, by Mohan Singh petitioner in Crl. Revision No.25/86 and the other, by Puran Singh, petitioner in Crl Revision No.43/86. The report lodged by Puran Singh did not culminate in the registration of the case by the police and so he filed a complaint against Mohan Singh and other for offences under sections 307/323/324 R.P.C. The complaint was pending disposal in the court of City Magistrate. Jammu. The report lodged by Mohan Singh, on the other hand, culminated in the registration of a case and after investigation, police filed a challan under sec.307 R.P. C. against Puran Singh and others in the court of Munsiff Judical Magistrate 1st class, Jammu, on 26.10.1983, the learned Judicial Magistrate committed the case to the court of Sessions Judge, Jammu who transferred it for its disposal in accordance with law to the file of 2nd Addl. Sessions Judge, Jammu. Puran Singh thereupon filed an application before the sessions Judge, Jammu submitting thatin the complaint filed by him against Mohan Singh and others; charge under Sec.332 R.P.C. had been framed by the City Magistrate but since, the case arose out of the same incident out of which a challan was pending disposal before the 2nd Addl. Sessions Judge, Jammu, against the petitioner and others, the complaint pending before the City Magistrate, Jammu, be also transferred for its disposal to the 2nd Addl. Sessions Judge, Jammu, so that both counter-cases are tried together by the same court. The application was resisted on the plea that the case pending before the City Magistrate, Jammu, was not the one which was exclusively triable by the court of Session and, therefore, it could not be transferred to the 2nd Addl. Sessions Judge, The learned Sessions Judge, however, vide order dated 14.3.1986, accepted the application and transferred the case titled Puran Singh v. Mohan Singh and others under sec.323 R.P.C. pending in the Court of City Magistrate, Jammu, to the court of 2nd Addl. Sessions Judge, Jammu. Mohan Singh being aggrieved of that order preferred Crl. Revision Petition No.25/86.

3. After the transfer of the complaint filed by Puran Singh from the court of City Magistrate to the 2nd Addl. Sessions Judge, vide order dated 14-3-1986, the parties appeared before the latter on 20-3-1986, the date fixed in case. The case was adjourned to 5-5-1986 and it transpires that in the meanwhile Mohan Singh had filed Crl. Revision No.25/86 in the High Court which was admitted and the record sent for. On 5-5-1986, the parties did not appear before the 2nd Addl. Sessions judge being under the impression that with the summoning of the record of the case in connection with Crl. Revision No.25/86, no further proceedings would take place before the 2nd Addl. Sessions Judge. However, on 5-5-1986, the 2nd AddL Sessions Judge, dismissed the complaint in default of appearance of the complaint Puran Singh, Aggrieved of this, Puran Singh has filed Crl. Revision Petition No.43/86.

4. The first point that requires consideration is: what is the proper procedure to be followed where there are two cross-cases arising out of a single incident and one of the case is exclusively triable by the court of sessions?

5. There is, indeed, no clear provision in the Code of Criminal procedure as regards the procedure for trial of counter-cases where one is exclusively triable by the court of session. The legislature is required to remedy the defect to avoid confusion. The practice, however, which has been followed by most of the High Courts in the country in this regard is that the counter-cases arising out of one incident are as far as is practiciable tried

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