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ORISSA HIGH COURT
ANANTHA @ ANANTA BISWAL – Appellant
Versus
STATE OF ODISHA – Respondent
Sanjeeb K Panigrahi, J.
1. The petitioner is assailing the order dated 28.03.2024 passed by the learned S.D.J.M., Paralakhemundi, rejecting his petition dated 02.11.2023 filed in G.R. Case No.411 of 2020, whereby he sought commitment of the case records to the Court of Sessions for trial as a counter case to S.T. Case No.(S) 23 of 2021, arising out of Paralakhemundi P.S. Case No. 210 of 2020, pending before the learned Additional Sessions Judge, Gajapati.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
i. The prosecution allegation in brief in S.T. Case Nos. (S) 23 and (S) 30 of 2021 is that on 08.09.2020, in the afternoon, while the informant, Opposite Party No. 2, and his family members were resting after taking their meals, the petitioner came and engaged in conversation with the informant in connection with a piece of land. It is alleged that thereafter the co-accused persons, namely Suresh, Trinath (since dead), Bijuli and Kumari, along with others, came in a body, entered the house and abused the informant and his family members. It is further alleged that they pushed and pulled the informant’s daughter-in-law and pressed the informant’s neck with an
Cases arising from the same incident should be tried together to avoid conflicting judgments and ensure fair trial principles are upheld.
Point of Law; even if one case is triable by Magistrate, there is no bar to get it tried along with the counter case triable by Court of Sessions.
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.
Since the provisions which engraft an exception use the phrase ‘may’ with reference to conducting a joint trial, a separate trial is usually not contrary to law even if a joint trial could be conduct....
Proceedings may be quashed under Section 482 Cr.P.C. when prosecution witnesses turn hostile and there’s insufficient evidence, indicating a lack of prospect for conviction.
The court ruled that denying the defense the right to present evidence critical to their case violates principles of justice and procedural fairness, necessitating a remand.
The judicial principle disallows consolidating cases with contradictory accounts to ensure fair trials and prevent confusion.
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