[2025:RJ-JP:5062] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 746/2025 1. Ramlal S/o Nimba Ram, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 2. Shaitan S/o Nimba Ram, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 3. Narayan S/o Nimba Ram, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 4. Suresh S/o Jagdish, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 5. Surendra S/o Jagdish, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 6. Murad Ali S/o Fajjal Husain, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 7. Jamil Ahamad S/o Fajjal Husain, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 8. Makshud Ali S/o Fajjal Husain, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 9. Jagdish S/o Hagamaa, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 10. Hanif S/o Haider Baig, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 11. Islam S/o Noor Mohd., Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 12. Jagdish S/o Aamba, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 13. Devkaran S/o Ladu, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 14. Sevaram S/o Devi, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 15. Akbar Ali S/o Aadam Husain, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 16. Saiyad Faruk Ali S/o Saiyad Murad Ali, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). 17. Saiyad Aarif Ali S/o Akbar Ali, Resident Of Beer, Police Station Srinagar, District Ajmer (Rajasthan). ----Petitioners [2025:RJ-JP:5062] (2 of 4) [CRLMP-746/2025] Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : Mr. Amit Punia, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 05/02/2025 1. This criminal misc. petition has been filed by the petitioner with a challenge to the order dated 01.08.2024 passed by the Court of learned Additional District & Sessions Judge, Nasirabad, District Ajmer in Sessions Case No.222/2021, whereby, the application filed by the petitioners under Section 219 Cr.P.C. for holding the trial of two cases to be conducted together was dismissed. 2. Learned counsel for the petitioner submits that the FIR No.186/2020 registered at Police Station Shrinagar, District Ajmer for the offences under Sections 147, 148, 149, 323, 341, 379, 452, 435 and 427 IPC against 17 persons by the informant, namely, Avinash in regard to the alleged incident occurred on 28.11.2020 at about 8:30 PM and another FIR No.187/2020 was also registered at same Police Station Shrinagar, District Ajmar for the offences under Sections 147, 148, 149, 323, 341, 427, 435, 307, 457 and 380 IPC against all these 17 persons who were accused in the FIR No.186/2020 in regard to the alleged incident which occurred on the very same day i.e. 28.11.2020 at about same time i.e. 8:30 PM. He also submits that in both the criminal [2025:RJ-JP:5062] (3 of 4) [CRLMP-746/2025] cases the accused persons are same and the time of occurrence was also shown to be same. However, the FIRs being filed by two different informants the trial of both the case is being conducted separately. He further submits that in view of the provisions of Section 219 Cr.P.C. and looking to the fact of both the cases, the trial of both the cases is required to be conducted as a single trial. 3. Learned Public Prosecutor has opposed the prayer made by counsel for the petitioner and submits that the contents and the allegations in both the criminal cases are different and the complainants concerned are also two different and the time of occurrence of the incidents may have been mentioned to be near about to the other but it cannot be taken to be the same time. 4. Considered the submissions made at bar and also perused the material made available on record including the impugned order passed by the Court below and also the FIR of both the criminal cases. 5. On perusal of the averments made in both the criminal cases, this Court finds that the allegations levelled in both the FIRs are different and both the criminal cases have been lodged by the different persons as regards the offence committed by the accused-petitioners qua both the different complainants. 6. The prayer made by counsel for the petitioner for clubbing the trial of both the cases does not come within the purview of Section 219 Cr.P.C.. The Court below has passed the impugned order after appreciating the complete material available before it. This Court after going through the contents of both the criminal cases, finds that the learned trial Court has not committed any error in passing the order. [2025:RJ-JP:5062] (4 of 4) [CRLMP-746/2025] 7. Hence, the Court finds no ground to interfere with the order passed by the Court below. 8. Accordingly, this criminal misc. petition is dismissed. 9. Pending application, if any, also stands disposed of. (GANESH RAM MEENA),J Ashish Kumar /41