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Orissa High Court · body

2017 DIGILAW 1486 (ORI)

Laxmidhar Jena v. State of Orissa

2017-12-19

B.K.NAYAK

body2017
ORDER 19.12.2017 Heard learned counsel for the petitioners and the learned State Counsel. The petitioners have challenged the order dated 1.04.2017 passed by the learned Assistant Sessions Judge, Nilgiri in S.T. Case No. 1 of 2017/380 of 2016 rejecting the petitioners application for analogous trial of C.T. Case No. 378 of 2016 pending before the S.D.J.M. Nilgiri with the aforesaid Sessions Case, though both the cases are counter to each other. The petition has been rejected by the learned Assistant Sessions Judge on the ground that C.T. Case No. 378 of 2016 is triable by a Magistrate, First Class and, therefore, it cannot be tried analogously with the Sessions Case. It is trite law that where two cases are counter to each other and one of them is triable by the Court of Sessions, it is desirable that both the cases shall be heard one after the other by the Sessions Court dealing with the Sessions Case, for better appreciation of the facts situation and the evidence. It appears from the FIRs in both the cases that the accused persons in one case are the prosecution party members in the other and the occurrence relates to the assault and counter assault because of taking of water from the agricultural land and of one party by the other for the purpose of irrigation. The occurrence place is same and time is almost same with a variance of only half an hour. Therefore, apparently both the cases are counter to each other and since the learned Assistant Sessions Judge, Nilgiri is hearing the Sessions Case in S.T. Case No. 1 of 2017/380 of 2016, It is desirable that C.T. Case No. 378 of 2016 pending on the file of the learned S.D.J.M., Nilgiri shall be heard simultaneously with the Sessions Case by the Assistant Sessions Judge, one after the other. Therefore, this Court directs the learned S.D.J.M., Nilgiri to commit C.T. Case No. 378 of 2016 of his Court to the Court of the Assistant Sessions Judge, Nilgiri and that the Assistant Sessions Judge shall here the C.T. Case along with the Sessions Trial Case. The CRLMC is thus disposed of. Issue urgent certified copy. CRLMC disposed of.