- (1.) These two criminal misc. petitions are edificed on one incident culminating into two cross FIRs and therefore both are heard together and disposed of by this common order.
(2.) In criminal misc. petition No.1693 of 2015, petitioners are named accused persons in FIR No.80 of 2009, registered with Police Station Jhanwar, charging them for offence under Sections 323, 325, 427, 447, 379, 147, 148, 324, 452 and 307 IPC whereas in criminal misc. petition No.1695 of 2015, petitioners are facing trial pursuant to FIR No.137 of 2009 of the same police station for offence under Section 147, 148, 341, 325, 323, 307/149 IPC. After investigation, in both the FIRs, the police submitted chargesheet against the accused-persons before the Judicial Magistrate, Jodhpur and later on committed both the cases to the Court of Sessions under Section 209 Cr.P.C. The learned Sessions Judge, Jodhpur, thereafter, transferred both the cases to the Court of Addl. Sessions Judge (Fast Track) No.1, Jodhpur for trial. Presently, both these cases are pending before Addl. Sessions Judge No.2, Jodhpur Metropolitan (for short, 'learned trial Court') bearing Sessions Case No. 31 of 2014 and 28 of 2014 respectively.
(3.) The learned trial Court framed charges against the respective accused-petitioners of criminal misc. petition No.1693 of 2015 for offence under Sections 147, 148, 323, 323/149, 324, 324/149, 307, 307/149, 447, 452, 427 and 379 IPC, whereas in Sessions Case No.28 of 2014 charges against the petitioners were framed for offence under Section 341, 325, 323, 307 IPC.;