S.S.CHAUHAN,J. - (1.) THE present pe­tition arises out of the order dated 28-1-' 2009 passed by the learned Additional Sessions Judge (Court No. 5), Gonda.
(2.) INITIALLY the case was initiated on the basis of the F.I.R. lodged on 31-10-2005 at Crime No. 221 of 2005. The peti­tioner also filed a NCR at Crime No. 67 of 2005. In both the F.I.Rs. the Investigating Officer investigated the matter and sub­mitted charge-sheet. After submission of charge-sheet the learned Magistrate com­mitted both the cases to the Court of Ses­sions. Thereafter, complainant of Crime No. 221 of 2005 moved an application be­fore the learned Sessions Judge with the prayer that the two cases are not deemed to be connected cases as the time and the place of the incident is varying. The learned Sessions Judge after hearing the parties passed the impugned order whereby he came to the conclusion that Crime No. 221 of 2005 being Sessions Trial No. 85 of 2008 was altogether an independent and distinct offence as com­pared to the Sessions Trial No. 1 of 2009 in NCR No. 67 of 2005. Submission of learned Counsel for the petitioner is that except for variance of the time and place the date of the inci­dent is the same. The interse parties have alleged that they were attacked upon by the either of the accused persons. He fur­ther submits that minor difference in the time and the place will not lead to the conclusion that both the incidents are separate and, therefore, are to be tried separately. He also submits that there is difference of only half an hour in regard to the incident, but the date remains the same. It is submitted that the question as to whether the incident has taken place at 'A' place or at 'B' place as alleged by the inter se parties will be looked into in the trial after the evidence is adduced.
(3.) LEARNED Counsel for the opposite party No. 4 on the other hand has sub­mitted that the incident in question is separate and, therefore, it cannot be tried together and the learned Sessions Judge has committed no illegality in separating the trials and directing for separate trails.;