S. C. MOHAPATRA, J.

( 1 ) - This is an application under section 482, Criminal Procedure Code.

( 2 ) PETITIONERS are accused facing their trial in the court of the Assistant Sessions Judge, Bolangir in Sessions Case No. 78/1-6 of 1985-86. On 29-9- 1986, an application was filed for adjournment of trial till commitment of LC. C. No. 66 of 1985 in the court of the Sub divisional Judicial Magistrate, Bolangir, claiming the same to be a counter case to the prosecution in the Sessions Case. Learned Assistant Sessions Judge called for the records of I. C. C. No. 66 of 1985 for determination whether the same is a counter case. On 25-10-1986, the learned Assistant Sessions Judge persued the record of the complaint case and held: It appears from the complaint filed by Binayak Misra (accused in this case), that Bhagaban Bagarty who is injured in the S. C. Case No. 78-1 of 85-86 and Bharat Bagarty, informant in the Sessions Case assaulted the accused persons on 30-5-85 at about the same time of the occurrence. On perusal of the records of both the cases, it is found that the I. C. C. Case is counter to the said S. C. No. 78-1 of 85-86. Hence, the petition for adjournment till commitment of