The court held that distinct allegations in separate FIRs do not warrant a joint trial under Section 323 of Cr.P.C., affirming the trial court's authority to manage case separations based on differing nature of charges.

JUDGMENT :

Aditya Kumar Mohapatra, J.

1. Head the learned counsel for the Petitioner, learned counsel for the Opposite Party No.2-Informant, and learned counsel for the State. Perused the application as well as the prayer made therein.

2. The present application has been filed by the Accused- Petitioner in G.R. Case No.23 of 2023 pending before the learned J.M.F.C., Dhamnagar, which arises out of Dhamnagar P.S. Case No.12 of 2023, for quashing of the impugned order dated 04.01.2025 passed by the learned J.M.F.C., Dhamnagar in G.R. Case No.23 of 2023 under Annexure-6 in exercise of inherent power of this Court under Section 482 of Cr.P.C.

3. The impugned order dated 04.01.2025 under Annexure-6 was passed by the learned J.M.F.C., Dhamnagar on the application under Section 323 of Cr.P.C filed at the instance of the son of Informant after the death of the original Informant on 04.05.2024 with a prayer to commit the case record to the court of learned Additional Sessions Judge, Bhadrak to have a joint trial with S.T. Case No.58 of 2020, arising out of Dhamnagar P.S. Case No.12 of 2023, which corresponds to G.R. Case No.23 of 2023 (Learned counsel for the Petitioner, at this juncture, contended that the P.S. Case Number has been wrongly typed out in the prayer portion of the petition filed under Section 323 of the Cr.P.C. and the correct number should be Dhamnagar P.S. Case No.101 of 2020).

4. By virtue of the impugned order dated 04.01.2025, the learned J.M.F.C., Dhamnagar in G.R. Case No.23 of 2023, arising out of Dhamnagar P.S. Case No.12 of 2023, rejected the prayer of the Petitioner for a joint trial of the case involved in both G.R. Case No.23 of 2023, arising out of Dhamnagar P.S. Case No.12 of 2023, rejected the prayer of the Petitioner for a joint trial of the cases involved in both Dhamnangar P.S. Case No.101 of 2020 and Dhamnagar P.S. Case No.12 of 2023. Being aggrieved by such order, the Petitioner has approached this Court by filing the present application.

5. On perusal of the record, it appears that initially an F.I.R. was lodged at the instance of one Swarnalata Sarangi on 19.04.2020 before Dhamnagar Police Station, which was registered as Dhamnagar P.S. Case No.101 of 2020 and filed along with this application as Annexure-1. In the said F.I.R., the Informant has alleged a commission of crime, which is punishable under Sections 498-A/302/304-B/34 of the I.P.C. read with Section 4 of the Dowry Prohibition Act. As per the allegation in the said F.I.R., the daughter of the Informant, who had married to the present Petitioner, was staying at her in-laws house after her marriage. The daughter of the Informant was subjected to dowry torture as has been narrated details in the F.I.R. As per the F.I.R. allegation, the daughter of the Informant was subjected to physical as well as mental torture and harassment with a demand of dowry on several occasions which has been specifically narrated in the body of the F.I.R. A specific allegation has also been made with regard to the physical harassment and assault that the daughter of the informant was subjected to as torture by her in-law family members. Finally, the daughter of the Informant was found dead. Thereafter, the present F.I.R. was registered alleging that the in- law family members including the present Petitioner murdered the daughter of the Informant. Such F.I.R. was accepted and registered as Dhamnagar P.S. Case No.101 of 2020. Accordingly, the investigation was carried out and finally charge sheet has also been filed in the meantime. It