Competent authority to order trial of cross cases
Rahul
(Querist) 10 August 2016
This query is : Resolved
me ad my wife have filed criminal cases on each other arising out of same incident. i want to know name of competent authority who can order for cross cases to be tried together.
Dr J C Vashista
(Expert) 10 August 2016
Where did both of you file case(s), what are the case(s), what is the dispute, what is the basis of your query,
"...I want to know name of competent authority who can order for cross cases to be tried together."
It is a hypothetical and vague query, if it is not an examination question paper.
Rahul
(Querist) 10 August 2016
Sir, i filed for complaint case for marpit and threat against my in laws and wife, on same day wife filed 498a against me. My Sanha was not converted into FIR. I filed complaint case based on Sanha registered in PS. Cognizance has been taken in both the cases. Both the cases are in same court of SDJM in Bihar. I want joint trial of both the cases. Before filing above mentioned 498a, wife had filed another 498a and we were living together as per condition of anticipatory bail and court was to monitor relation for four months. But just after 8 days of stay, my in laws and wife had altercation with me and a fresh round of cases were filed.
I have approached HC for quashing of second FIR or merge it with first one. I also want my complaint case to be tried with second 498a. Whom I should pray for joint trial out of concerned SDJM, Cjm, Sessions or high court?
Devajyoti Barman
(Expert) 10 August 2016
If both cases filed under same sessions division then it is CJM.
If is in different sessions division but in the same state then it is High Court.
If it is in separate states then it is supreme court.
Rajendra K Goyal
(Expert) 10 August 2016
Agree with the expert Devajyoti Barman.
