JUDGMENT :

P.K. Tripathy, J. - Heard.

2. In this application u/s 482, Cr.P.C., petitioners challenge order of the Sessions Judge, Balasore in Misc. Case No. 747 of 2001 u/s 408 of the Code of Criminal Procedure, 1973 (in short 'the Code'). Admittedly, petitioners belong to the informant's group in G. R. Case No. 586 of 1998 and they are the accused in S. T. Case No. 11/23 of 2000 pending for trial in the Court of C.J.M.-cum-Assistant Sessions Judge, Bhadrak. That Sessions Case was registered on commitment of G. R. Case No. 585 of 1998 by the Court of S.D.J.M., Bhadrak. Steps taken by the petitioners for commitment of G. R. Case No. 586 of 1998 to the Court of Session as the counter case to G. R, Case No. 585 of 1998 having been turned down by learned Sessions Judge on the ground of lack of jurisdiction on the basis of the ratio in the case of Budhadev Panda v. State of Orissa and Anr. (1995) 8 OCR 104 and Pitabas Behera and Ors. v. State of Orissa (2000) 18 OCR 174 petitioners have approached this Court.

3. Indeed, it has been held by this Court in Budhadev Panda (supra) and followed in Pitabas Behera (supra) that in the absence of any specific provision in the Code only judicial orde