1. Invoking inherent jurisdiction under S.482, CrPC the two accused persons of S.T. No. 334/2003 (State v. Vinod Singh @ Badal and 4 Others) have called in question the legality of the order dated 17-11-2005 passed in S. T. No. 329/2005 (State through CBI v. Amit Jogi and 30 Others) whereby the two Sessions Trials having diametrically opposite versions have been directed to be consolidated by the 3rd Addl. Sessions Judge, Raipur (C.G.).

2. The brief facts are that one Ram Avtar Jaggi, a leader of National Congress party was shot at 11.40 p.m. on 4-6-2003 and in this connection, a First Information Report was lodged in P. S. Moudhapara, Raipur vide FIR No. 104/2003 for the offences under S.447 and S.307, IPC. This FIR was lodged at the instance of V. K. Pandey, the Station House Officer, P.S. Moudhapara Raipur. Ram Avtar Jaggi was then sent to Macahara Hospital, Raipur, where he died. On 5-6-2003, at 2.15 a.m. another report vide F.I.R. No. 105/2003 was again registered for the same incident under S.302, IPC on the instance of one Satish Jaggi, son of the deceased. Thereafter, five accused persons namely Vinod Singh, Avinash Singh, Jamwant Kashyap, Shyam Sunder and Vishwanath Rajbhar