Delay in committing a case to the Court of Sessions constitutes a serious irregularity, necessitating judicial intervention.

ORDER

06.08.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the application as well as documents annexed thereto.

3. By filling the present application under Section 482 of the Cr.P.C. the informant-petitioner has approached this Court with a prayer for a direction to the learned S.D.J.M., Berhampur to transfer the G.R. Case No.54 of 2018 which corresponds to Gosaninuagon P.S. Case No.4 of 2018 to the Court of learned Sessions Judge, Berhampur.

4. Learned counsel for the Petitioner at the outset contended that an F.I.R. was lodged by the Petitioner on 13.01.2018 before the Gosaninuagon police station alleging commission of offence punishable under Section 34 1 , 307, 294, 34 I.P.C. read with Section 25 & 27 of the Arms Act against unknown accused persons. He further contended that in the meantime investigation has been concluded and the final form has been submitted on 29.07.2018 against the accused persons named in the F.I.R. He further submitted that although the final form has been submitted in the year 2018, however the matter has been not yet been committed. Although the charge sheet has been filed on 29.07.2018 for commission of offence punishable under Section 120-B , 341, 307, 294, 34 of I.P.C. read with Section 25 & 27 Arms Act , however the matter has not been committed as of now to the Court of Sessions for commencement of trial. Being aggrieved by the aforesaid delay in the committal proceeding the petitioner had approached this Court by filing the present application.

5. Learned counsel for the State on the other hand submitted that she has no specific instruction in the matter. However she further contended that in the event the matter has not been committed yet to the Court of Sessions, she will have no objection if this Court pass any appropriate order in accordance with law.

6. Having heard the learned counsels appearing for the Parties, on a careful examination of the background facts, further taking into consideration the fact that the F.I.R. was lodged on 13.01.2018 and in the meantime the final form has been submitted on 29.07.2018 at Anenxure-2 and keeping in view the offences alleged to be triable by the Court of Sessions, this Court is of the view that the matter should have been committed in the meantime to the Court of Sessions. In the event the same has not been done, the same is a serious irregularity on the part of the learned S.D.J.M., Berhampur. In view of the aforesaid position, the application is being disposed of by granting liberty to the petitioner to approach the learned S.D.J.M., Berhampur along with a copy of today’s order. In such eventuality, the learned S.D.J.M., Berhampur shall verify the background of the case and pass necessary orders in accordance with law. In the event it is found that the case is triable by the Sessions Court and that the final form has been submitted on 29.07.2018, then necessary steps be taken for commitment of the case to Court of Sessions.

7. With the aforesaid observations and directions, the CRLMC stands disposed of. ( A.K. Mohapatra )