SESSIONS JUDGE CUM SPECIAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE aforesaid Criminal Reference arises out of a reference made by the learned Sessions Judge cum Special Judge, Cuttack, under Section 395 of the Code of Criminal Procedure (in short 'Cr.P.C.'). It is stated by the learned Special Judge that during the course of hearing of G. R. Case No. 257 of 1993 wherein the accused persons were facing trial under Sections 341, 323, 294, 506/34 of the Indian Penal Code (in short 'I.P.C.') and under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the learned counsel for the defence prayed to drop the proceeding on the following grounds :

(2.) SO far as the other cases are concerned, i.e., Crl. Misc. Case Nos. 5564 and 6092/1999, 1516, 3864, 4337 and 1906/ 2000 and Crl. Revision No. 278/1997, the aforesaid ambiguity having crept in, all these cases were heard together and are being disposed of by this common judgment.

(3.) SO far as ground No. 1 is concerned, it is profitable to go through the relevant statutory provisions. Rules 7 of the Rules speaks as under :