JUDGMENT

B. P. DAS, J. — This application arises out of an order passed by the learned Sessions Judge, Balasore in G. R. Case No. 1194 of 1997, corresponding to S.T. Case No. 98 of 2001 in transferring the same to the Court of Judicial Magistrate, Basudevpur.

2. The case of the petitioner is that he is an accused in G.R. Case No. 1195 of 1997 for the offences under Section 148/149/452/323/324/326/307/379, I.P.C., which was subsequently turned to Section 302, I.P.C. The petitioner is also the informant in G. R. Case No. 1194 of 1997, wherein the informant in the other case, was charged for commission of the offfences punisha¬ble under Sections 341/323/324, I.P.C. read with Section 34, I.P.C.

4. G. R. Case No. 1195 of 1997 being exclusively triable by the Court of Session, the learned Magistrate committed the said case to the Court of learned Sessions Judge, Balasore which was subsequently registered as S.T. No. 60/99/2001 and the learned Sessions Judge transferred the said record to the file of learned Addl. Sessions Judge, for trial.

5. Learned Magistrate by his order dated 28.1.1999 was pleased to observe that G. R. Case No. 1194 of 1997 is a counter case to G. R. Case No. 1195 of