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1987 Supreme(Ori) 217
IN THE HIGH COURT OF ORISSA
B.K. Behera, J.
ASHOK KUMAR PANIGRAHI AND OTHERS - APPELLANT
Versus
STATE OF ORISSA AND OTHERS - RESPONDENT
Criminal Miscellaneous Case No. 10 of 1986
Decided On : 27-08-1987
B.B. Ratho, R.P. Mohapatra, Manoj Mishra, Biswanath Rath, D. Biswal and A.K. Satpathy, for the Appellant; Indrajit Ray, Additional Government Advocate, for the Respondent
The desirability of trying cases arising from the same occurrence before the same Judge or Magistrate, even in the absence of a specific provision.
Headnote:
Provision - Same Judge for Trial - The court directed the transfer of counter cases to the Court of Session for trial along with the main case, emphasizing the desirability of trying cases arising from the same occurrence before the same Judge or Magistrate.
Fact of the Case:
The petitioners sought a direction for the trial of a Sessions Case and three counter cases by the same Judge.
Finding of the Court:
The court found that while there was no specific provision for trying two cases arising from the same occurrence before the same Judge or Magistrate, it was in the interest of justice to do so.
Issues: The issue was whether the Sessions Case and the counter cases arising from the same occurrence should be tried by the same Judge or Magistrate.
Ratio Decidendi: The court relied on the provision under section 407(1)(c)(iii) of the Code of Criminal Procedure, emphasizing the general convenience of the parties and the desirability of trying related cases before the same Judge or Magistrate.
Final Decision: The court directed the transfer of the counter cases to the Court of Session for trial along with the main case, allowing the petitioners' request.
JUDGMENT :
B.K. Behera, J. - These matters have been heard together and win be governed by this common order. As has been submitted by the learned Counsel for both the sides, Sessions Case No. 29 of 1985 is pending in the Court of the learned Assistant Sessions Judge at Charrapur for trial and G. R. Case Nos. 402 to 404 of 1984, which are counter case, in respect of commission of offences none of which is exclusively triable by the Court of Session, are pending in the Court of the learned Sub-divisional Judicial Magistrate at Chatrapur. The Petitioners have applied to this Court for a direction that the Sessions Case and the three S. R. Cases should be tried by the same Judge before whom the Sessions Case is pending.
2. There seems to be no provision in the Code of Criminal Procedure that two cases arising out of one and the same occurrence shall be tried by the same Sessions Judge or Magistrate, but it is desirable in the interests of Justice that a case and a counter case arising out of the same Occurrence should be tried by the same Judge or Magistrate. When it appears to this Court that an order u/s 407 is required and the same will tend to the general convenience of the parties, it would be open to this Court to make an order that any particular case be committed to the Court of Session for trial u/s 407 (l) (c) (iii) of the Code of Criminal Procedure.
3. As the Sessions Case pending in the Court of the learned Assistant Sessions Judge and the three G. R. cases referred to above which ate counter cases are pending in the Court of the learned Sub-divisional Judicial Magistrate. Chatrapur. I direct the learned Sub-divisional Judicial Magistrate, Chatrapur to commit G. R. Case Nos. 402 to 404 of 1984 to the Court of Session for trial, so that these three cases may be tried along with the Sessions Case one after the other by the same learned Judge.
4. The three Criminal Miscellaneous Cases are accordingly allowed.
Final Result : Allowed
