- (1.) We have heard the learned counsel for the parties.
(2.) Leave granted.
(3.) The appellant herein lodged FIR under Sections 307, 352 and 504 I.P.C. against respondent nos.2 to 5. After investigation, the Police submitted the report to the effect that no case has been made out. The appellant, however, filed the Protest Petition, which was accepted by the Court of Magistrate and it was registered as complaint and summons were issued to respondent nos.2 to 5. Respondent nos.2 to 5 filed a Revision Petition, which was dismissed by the Court of Additional Sessions Judge. Against that order, respondent nos.2 to 5 filed a Writ Petition under Article 227 of the Constitution which is pending in the High Court. However, there is no stay of the proceedings. In these circumstances, we are of the opinion that both the cases should be tried together and it should be tried by the same Court. The learned counsel for these respondents relied upon the judgment of this Court in the case of State of M.P. v. Mishri Lal 2003(3) R.C.R.(Criminal) 287 : (2003) 9 SCC 426. Having regard to the facts and circumstances of the instant case, the procedure which is mentioned in para 2 of the said judgment can be followed by the concerned Court.;