In support of his submissions, Mr. Upadhyay firstly referred to the decision of this Court in Harjinder Singh vs. State of Punjab & Ors. [(1985) 1 SCC 422], where in an almost identical situation, this Court, while interpreting Section 223 Cr.P.C., held that clubbing of the two cases, one on a police challan and the other on a complaint, was not permissible and if the prosecution versions in the two cases were materially different, contradictory and mutually exclusive, as in the instant case, such cases may be ordered to be tried together, but not 13
consolidated. In other words, the evidence is to be recorded separately in both the cases and they should be disposed of simultaneously so that the procedure does not infringe the provisions of Article 20(2) of the Constitution read with Section 300 Cr.P.C.
The facts of the case also warrant that the two trials should be conducted by the same Presiding Officer in order to avoid conflict of decisions. As was observed in Harjinder Singh's case (supra) clubbing and consolidating the two cases, one on a police challan and the other on a complaint, if the prosecution versions in the two cases are materially different, contradictory and mutually exclusive, should not be consolidated but should be tried together with the evidence in
the two cases being recorded separately, so that both the cases could be disposed of simultaneously.
Supreme Court of India
Pal @ Palla vs State Of Uttar Pradesh on 22 September, 2010
Bench: Altamas Kabir, A.K. Patnaik
