Supreme Court Guidelines on Cross Cases / FIR

In State of Madhya Pradesh vs Mishrilal (2003) 9 SSC 426, the Supreme Court while giving guidance observed – 
 
“It would have been just fair and proper to decide both the cases together by the same court in view of the guidelines devised by this Court in Nathilal’s case. The cross-cases should be tried together by the same court irrespective of the nature of the offence involved. The rational behind this is to avoid the conflicting judgments over the same incident because if cross cases are allowed to be tried by two courts separately there is likelihood of conflicting judgments.”

Supreme Court
State of Madhya Pradesh vs Mishrilal (2003) 9 SSC 426

The Supreme Court in Nathilal & Others vs State of Uttar Pradesh 1990 (Supp.) SCC 145 pointed out the procedure to be followed by the Trial Court in the event of cross cases–
 
“We think that 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 same learned Judge must thereafter dispose of the matters by two separate judgments. In deciding each of the cases, he can rely only on the evidence recorded in that particular 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.”

Supreme Court
Nathilal & Others vs State of Uttar Pradesh 1990 (Supp.) SCC 145
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