Rajeev Misra, J. - (1.) Ref: Criminal Misc. Recall Application No. 4345 of 2017 1. This application under Section 482 Cr.P.C. has been filed by applicant-Jaspreet Singh Garewal (a co-accused) challenging the order dated 02.12.2016 passed by Additional Sessions Judge, Court No.1, Bareilly in Sessions Trial No.123 of 2013 (State Vs. Nirmal Singh Garewal and others) under Sections 452 and 307 I.P.C. P.S. Kotwali Bareilly, District-Bareilly arising out of Case Crime No. 2568 of 2012 under Sections 452, 307 I.P.C. P.S. Kotwali Bareilly, District-Bareilly, whereby application (Paper No. 309 Kha) filed by accused under Section 309 Cr.P.C. has been rejected.
(2.) It transpires from record that during pendency of S.T. No. 123 of 2013 (State Vs. Nirmal Singh Garewal and 2 others) one of the accused Nirmal Singh Garewal, the applicant herein, filed an application under Section 309 Cr.P.C. (Paper No. 309 Kha) praying therein that S.T. No. 123 of 2013 (State Vs. Nirmal Singh Garewal and others) under Sections 452 and 307 I.P.C. P.S. Kotwali Bareilly, District-Bareilly arising out of Case Crime No. 2568 of 2012 under Sections 452, 307 I.P.C. P.S. Kotwali Bareilly, District-Bareilly be tried alongwith Complaint Case No. 1716 of 2016 (Nirmal Singh Garewal Vs. Nitin Jaiswal and others) under Sections 307, 436, 392, 380, 504 and 506 I.P.C., P.S. Kotwali Bareilly, District-Bareilly, arising out of Case Crime No. 2675 of 2012 under Sections 307, 452, 427, 504, 506, 380, 426 and 392 I.P.C., P.S. Kotwali Bareilly, District-Bareilly, as both the cases are cross cases.
(3.) The aforesaid application was opposed by opposite party no.2 herein namely Nitin Jaiswal. Accordingly, an objection (Paper No. 323 Kha) was filed by opposite party no.2 opposing the aforesaid application.;