Neutral Citation No. - 2025:AHC:103525 Court No. - 72 Case :- APPLICATION U/S 482 No. - 35908 of 2024 Applicant :- Dharam Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Patel,Subedar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 27.09.2024 passed by the Additional Sessions Judge, Court No.5, Gautam Buddha Nagar in S.T.No.670 of 2019 (State vs. Dharam Singh) arising out of Case Crime No.296 of 2019, under sections 307, 504, 506 I.P.C., Police Station Sector-24 Noida, District Gautam Buddha Nagar, whereby application dated 31.05.2024 has been rejected with regard to trial of the Complaint Case No.9026 of 2023, under sections 324, 323, 504, 506 I.P.C. by treating both the cases as a cross case. 3. Learned counsel for the applicant submitted that the applicant lodged complaint against opposite party no.2 as Complaint Case No.9026 of 2023 (Dharamveer Singh vs. Badan Singh and another) and opposite party no.2 lodged FIR as Case Crime No.296 of 2019, under sections 307, 504 & 506 I.P.C. Thereafter, in both the cases trial court took cognizance and initiated proceeding. Applicant thereafter moved application that both the proceeding should be clubbed and tried together as cross case. Learned Additional Session Judge, Gautam Buddh Nagar, by order dated 27.09.2024 rejected the application of the applicant. Learned counsel for the applicant next submits that the fact narrated in the FIR as well as complaint case are related to each other and discloses time of incident, parties and dates, are the same. 4. Learned counsel for the applicant next submits that there are various judgment of this Court as well as Apex Court that cross cases should be tried together and two different version of the same incident resulting to criminal cases are described as case and counter case. He has placed reliance of the judgment of Apex Court in Nathi Lal vs. State of U.P. (1990 SCC (Cri) 638) and submitted that in view of Apex Court judgment, the order dated 27.09.2024 passed by the Additional Sessions Judge, Court No.5, Gautam Buddha Nagar should be set aside. The relevant para of the said judgement is quoted below:- "The fair procedure to adopt in a matter like the present where there are cross cases, is to direct that the same learned Judge must try both the cross cases one after the other. After the recording of evidence in one case is completed, he must hear the arguments but he must reserve the judgment. Thereafter he must proceed to hear the cross case and after recording all the evidence he must hear the arguments but reserve the judgment in that case - The evidence recorded in the cross case cannot be looked into. Nor can the judge be influenced by whatever is argued in the cross case. Each case must be decided on the basis of the evidence which has been placed on record in that particular case without being influenced in any manner by the evidence or arguments urged in the cross case. But both the judgments must be pronounced by the same learned Judge one after the other." 5. Learned AGA has filed counter affidavit and in Paras 5 & 6 of the Nathi's Lal judgment (supra) and Division Bench judgment of the Hon'ble Madras High Court has observed in the case of Goriparthi Krishtamma and others vs. Emperor (1929 SCC Online Mad 429)=(1929 MWN881) that a case and counter case arising out of the same affair should always, if practicable, be tried by the same court and each party would represent themselves as having been the innocent victims of the aggression of the other. 6. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties. In view of the Apex Court judgment, the order passed by learned Additional Sessions Judge, Gautam Buddha Nagar dated 27.09.2024 is not tenable in the eye of law in view of the Apex Court judgment. 7. Accordingly, the order dated 27.09.2024 passed by Additional Sessions Judge, Court No.5, Gautam Buddha Nagar is set aside. The application is allowed. The applicant is directed to move application within 15 days before the trial court and trial court shall pass appropriate order in view of the Apex Court judgment, as stated above. Order Date :- 3.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad