SUKUR ALI KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE order impugned dated 20.12.2013 passed by learned District and Sessions Judge, Purba Midnapore in Sessions Case No.308 (10) of 2012 arising out of Nandigram Police Station Case No.282 of 2007 dated 19.11.2007 under Sections 147 / 148/ 149/ 326/ 307/ 367/ 341/ 342/ 363/ 302/ 201 of the Indian Penal Code and Sections 25 / 27 of the Arms Act is under challenge in both these applications.

(2.) ACCUSED Sukur Ali Khan, the petitioner of CRR No.100 of 2014 along with another, filed a petition in the court below for postponement of hearing in respect of consideration of charge in said case till the compliance with the direction of analogous hearing of said case along with three other cases of the same P. S. arising out of the incident of the same date as passed in CRR No.3707 of 2012.

(3.) LEARNED trial court by the order impugned dated 20.12.2013 rejected those two applications along with some other applications by a composite order. Accordingly, these two applications are taken up together for hearing and order. Admittedly, three other cases being Nandigram P. S. case No.261 of 2007 dated 17.11.2007, Nandigram P. S. Case No.262 of 2007 dated 17.11.2007 and Nandigram P. S. Case No.280 of 2007 dated 18.11.2007 and the F.I.R. of the present Sessions Case being Nandigram P. S. Case No.282 of 2007 dated 19.11.2007 arose over an alleged incident dated 10.11.2007. All those cases arose on the basis of the complaints filed by different persons. The State of West Bengal filed an application before learned Additional Chief Judicial Magistrate, Haldia for amalgamation of all those four cases but it was rejected. The State of West Bengal preferred a revisional application being CRR No.3707 of 2012 challenging said order of learned Additional Chief Judicial Magistrate, Haldia, Purba Midnapore. This High Court allowed said prayer for amalgamation by directing that as soon as the investigations are completed and the police reports are filed in the other three cases those will be amalgamated and tried analogously with the present case arising out of Nandidgram P. S. Case No.282 of 2007 dated 19.11.2007 vide order dated 30.11.2012.