- (1.) FIRST Information Report (FIR, for short) No. 108 dated 06.04.2010 was recorded at Police Station, Ganaur, under Sections 148, 149, 302, 307, 216, 323 of the Indian Penal Code, 1860 (IPC, for short) and Sections 25 and 30 of the Arms Act, 1959 (Arms Act, for short) on the statement of PW Rajesh Kumar (since killed and trial regarding his murder is pending). On completion of investigation a report under Section 173(2), Criminal Procedure Code, 1973 (CrPC, for short) was filed on 24.01.2011, arraigning Krishan and Anil aka Leela (Petitioners herein) and Sonu as accused. On commitment this case was titled as 'State versus Anil aka Leela etc.'
(2.) ON 08.03.2011 a supplementary report was submitted arraying Vinod aka Bintu (petitioner herein) as an accused. On commitment this case was titled as 'State versus Vinod aka Bintu'. On 22.08.2011 yet another supplementary report was submitted naming Jagat Singh as an accused. On commitment this case was titled as 'State versus Jagat Singh'.
(3.) AFTER 25 prosecution witnesses had been examined in case "State versus Anil etc.", vide order dated 15.09.2011 learned trial court ordered clubbing of the three cases. In the meantime, Criminal Miscellaneous No. M -28854 of 2011 was brought wherein proceedings before the learned trial court were stalled. This petition, however, was dismissed as withdrawn vide order 16.05.2012. Learned trial court then framed charges afresh, and posted the case for prosecution evidence. On 11.12.2012 learned Public Prosecutor pointed out to the learned trial court that before case titled as "State versus Jagat Singh" was clubbed with the earlier pending case, charges had already been framed against the accused therein and the prosecution had already examined 25 witnesses, including complainant Rajesh (PW2) and eyewitness Mukesh (PW7) and only two or three more witnesses remained to be examined and charges were framed afresh against all the accused after the afore - mentioned Criminal Miscellaneos No. M -28854 of 2011, was dismissed as withdrawn by this court vide order 16.05.2012. Learned trial court, finding the submission to be convincing and just, passed order dated 11.12.2012 ordering separation of the case 'State versus Jagat Singh'. This order was assailed before this court by way of Criminal Revision No. 155 of 2013, which, however, was dismissed as withdrawn vide order dated 17.01.2013 directing the learned Sessions Judge, Sonepat "to see that the two trials are in the same court and are tried together".;