same Judge must try both cross-cases one after another simultaneously. Such simultaneous trial of case and counter case is necessary to avoid conflicting decisions ... criminal case, on his file to the Sessions Court for simultaneous trial as provided under Section 209 of Cr.P.C.
12. Section
cognizance has been taken in both matters. The principle
of simultaneous trial by the same Judge is applicable only
where both cases are pending trial ... alleged by petitioner No.1, only then would the principle of
simultaneous trial in a case and counter case situation
come into operation.
8. Accordingly
procedure of trial adopted to the determinant of
accused, cannot be a ground to stifle the right of
accused for a fair trial. In that ... directed to
hold independent trial in these cases
and to hold simultaneous trial after
affording sufficient opportunity to
parties and dispose of each case
there is no legal bar to conduct disciplinary
proceedings and criminal trial simultaneously.
However, no straight jacket formula can be spelt out
and the Court ... held at the time when
the delinquent employee is facing criminal trial, has
been considered from time to time. Referring to
STATE OF RAJASTHAN
Daya @ Dayananda vs State Of Karnataka on 16 January, 2021
Bench: B.Veerappa , M.Nagaprasanna
whether the irregularity in the procedure
adopted by the Trial Judge while proceeding
with the trial has occasioned failure of
justice ... HELD, The Supreme
Court has described the procedure and
practice of simultaneous trial of case and
counter case as "fair procedure", "
salubrious
spite of
it, the Court below has failed to hold simultaneous
trial in the counter case. The procedure adopted by
the Court below is opposed ... account of failure of the trial Court to conduct the
trial in both the above cases simultaneously. Therefore, I do
not find any merit
procedure contemplated in law, the trial Court
was required to hold the trial in both the above cases
7
simultaneously and pronounce the judgment ... account
of the failure of the trial court to conduct the trial in both
the cases simultaneously. Therefore, I do not find any
merit
there is no legal bar to conduct disciplinary
proceedings and criminal trial simultaneously.
However, no straight jacket formula can be spelt out
and the Court ... held at the time when
the delinquent employee is facing criminal trial, has
been considered from time to time. Referring to
STATE OF RAJASTHAN
there is no legal bar to conduct disciplinary
proceedings and criminal trial simultaneously.
However, no straight jacket formula can be spelt out
and the Court ... held at the time when
the delinquent employee is facing criminal trial, has
been considered from time to time. Referring to
STATE OF RAJASTHAN
