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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Laxmidhar Swain – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual basis for petitioner's application (Para 1) |
| 2. arguments on trying cases together (Para 2 , 3) |
| 3. court's reasoning on case management (Para 4 , 5 , 6 , 7 , 8) |
| 4. court's final order and direction (Para 9 , 10) |
JUDGMENT :
SAVITRI RATHO, J.
This application under Section 482 Cr.P.C. has been filed by the petitioners challenging the order dated 03.06.2023 passed by the learned Assistant Sessions Judge, Soro in S.T. Case No.12 of 2022 corresponding to C.T. Case No.674 of 2019. By the said order, the learned Assistant Sessions Judge has allowed the prayer of the opposite parties No. 2 to 4 and fixed the hearing of S.T case No. 12 of 2022 and S.T case No.3 of 2022 on the same day.
2. Mr. B.S. Das, learned counsel for the petitioners has drawn my attention to the observation in the order wherein it is stated that the prayer of the petitioner has been allowed and submits that the two cases do not relate to the same occurrence and even if they relate to the same occurrence they cannot be tried together as the accused persons and witnesses in the two cases are different petitioners. He has also submitted that the trial court could not have passed such an order as it wa
Cross-cases arising from the same incident should be tried sequentially by the same judge to prevent conflicting verdicts, ensuring fairness in legal proceedings.
It is salutary practice, when two criminal cases relate to the same incident, they are tried and disposed of by the same court by pronouncing judgments on the same day. Such two different versions of....
The main legal point established in the judgment is the need for simultaneous consideration of case and counter case by the same judge to avoid conflicting judgments, as per the principles laid down ....
The court emphasized the limitations of its power under Section 482 of Cr.P.C. and the need for cross-cases to be tried together to avoid conflicting findings.
Cross-cases arising from similar incidents should be tried simultaneously to prevent conflicting judgments, and the POCSO Court can adjudicate related offences under different statutes.
The procedure to be followed in conducting the trial and pronouncing the judgment in criminal cases involving a case and a counter case, as laid down by the Full Bench of the Court in State of Karnat....
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