“It will be manifest from reading the language of the section
that it has two parts and each part lays down a general rule.
The first part lays down that for every distinct offence of
which any person is accused there should be a separate
charge, and the second part lays down that every such charge
shall be tried separately, except the cases mentioned in
sections 234, 235, 236 and 239. It will, therefore, be plain
that criminal cases cannot, like civil suits, be consolidated,
and tried together on the same evidence, except within the
limits as to the joinder of charges laid down in the Criminal
Procedure Code (see Emperor v. Chamask Lal (1941 Bom.
156). Again, sections 234 to 239 are merely permissive and
not mandatory, i.e., it is for the prosecution to try the accused for different offences in one trial as provided by those
sections, but in case the prosecution decides to split the
charges and try him separately on those charges the accused
cannot insist on joinder of charges.” [emphasis added]
Used in Judgement of
Lahore High court
Criminal Proceedings
174343/18
2018 LHC 1157
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