2008 Y L R 1144
(a) Criminal Procedure Code (V of 1898)---
----Ss.173 & 200---`Challan case' and `complaint case'---Which is to be tried first---Mode of trial---Two situations---Distinction---Where the same party lodges an F.I.R., and after having remained dissatisfied with the investigation carried out by the police files private complaint in respect of the same allegation, then in such a situation the complaint case is to be tired first and, if needed, the challan case is to be tried later---Legal position is quite different if the challan case and the complaint case have been filed by different parties containing different versions and are directed against different sets of accused persons then in such a situation the trial of the complaint case and the challan case are to be held simultaneously and side by side and not one after the other.
(b) Penal Code (XLV of 1860)---
----Ss. 302/109---Criminal Procedure Code (V of 1898), Ss.173 & 200---Trial of the challan case stayed till the decision of the private complaint---Validity---Challan case and the complaint case had been filed by two different parties containing two different versions and were directed against two different sets of accused persons---Challan case and the complaint case, therefore, were to be tried simultaneously and side by side---Trial Court had erred in law in ordering the complaint case to be tired first and postponing the proceedings in the challan case till after the decision of the complaint case---Impugned order passed by Trial Court was consequently set aside with the direction to hold the trial of the challan case and the complaint case simultaneously and side' by side-
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