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,