JUDGMENT Heard. The applicants have filed present revision against the order dt. 28.9.2000 by which the Judicial Magistrate First Class, Jabalpur has directed that case instituted on police report and case instituted by private complaint filed by Rashmi Mehta be tried together. The contention of learned counsel for applicants is as under: That the FIR was lodged in respect of offence dt. 16.3.1994, while the private complaint filed by respondent No. 1 was relating to another offence date 15.3.1994 and prior to it. In the circumstances, both the offences were separate and cannot be tried together. That on the basis of report lodged by respondent No.1 on 16.3.1994 the offence was registered only against Vishnu Kumar Mehta, while the private complaint was filed against Vishnu Kumar Mehta, Tilakraj Mehta and Smt. Pramila Mehta. This would prejudice the other co-accused if both the cases are tried together. Learned counsel appearing for respondents have not disputed the aforesaid factual position that police case was filed in respect of alleged offence date 1 6.3.1994, while the private complaint was filed in respect of offence occurred on 15.3.1994 and prior to it. In view of aforesaid undisputed position, Judicial Magistrate First Class has committed an error by directing that both the cases be tried together, as both the cases arise out of incident occurred on separate dates, in which the allegations were different and complaint case was in respect of three accused persons, while the FIR was lodged against Vishnu Kumar Mehta. In view of aforesaid, it is directed that the trial Court will separate both the cases; one filed on the basis of police report and another on the basis of private complaint filed by Rashmi Mehta. The order passed by trial Court date 28.9.2000 is set aside and it is directed that trial Court will proceed afresh in the case as directed hereinabove and will frame charges against the applicants, after hearing them.