JUDGEMENT

1. This is a petition under Section 407(1)(c) of the new Criminal Procedure Code, 1974 by which it is prayed that the G. R. Case No. 215 of 1972 now pending in the court of the Sub-divisional Judicial Magistrate, Khurda be committed to the Court of Session, Puri as this case is only a counter-case of the Sessions Trial No. 37 of 1973 now pending before the said Sessions Court.

2. Mr. Bohidar, the learned counsel for the petitioners, submits that in the interest of justice and for the general convenience of the parties and the witnesses the above mentioned case pending before the Subdivisional Judicial Magistrate, Khurda should be committed to the Court of Session, so that both the cases can be tried by one and the same Judge and can be properly adjudicated and disposed of by the same court.

3. Mr. Mohanty, the learned Government Advocate appearing for opposite party No. 1 in this case, contends that this application is not maintainable in view of the fact that an application to this effect had not been made to the Sessions Judge as provided under the proviso to Sub-Section (2) of Section 407 of the new Code. Mr. Bohidar submits that apart from the fact that a matter of this