SUNAKAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners being aggrieved with the order of the learned Additional Sessions Judge, Kendrapara dtd. 23.06.2008 in ST. Case No.37 of 2008 (corresponding to I.C.C. Case No.174 of 2003 have filed this case under Section of the Code of Criminal Procedure (for short 'Cr.P.C.) praying therein for transfer of G.R. Case No.390 and 391 of 2003 corresponding to Kendrapara P.S. Case No. 179 and 180 of 2003 pending in the court of learned S.D.J.M., Kendrapara to be transferred to the file of the Additional Sessions Judge, Kendrapara so that the case and cross

(2.) LEARNED counsel for the petitioners contended that I.C.C. Case No. 174 of 2003 i.e. the complaint case was filed by one Bhramarbara Sethy alleging therein that on 10.07.2003 around 6.00 A.M. accused Ranjan Kumar Behera, the son of opposite party no.2 -Muralidhar Behera was assaulted by the accused persons and on seeing that when the father of the said Ranjan Kumar Behera protested the accused persons also attempted to assault the said Murlidhar Behera, the complainant and on seeing that the opposite parties, namely, accused Yudhistira Sethy, Brundaban Sethy, Raghunath Sethy and Babula Sethy and others protested and when intervened in the matter, accused Sunakar Behera and the other accused persons abused the complainant and others in obscene words by uttering the caste of the petitioners. It is further alleged that accused Ajaya Kumar Behera, Bijay Kumar Behera and Sunakar Behera indiscriminately went on assaulting the complainant and others and because of the lathi blow of Bijay Kumar Behera, the complainant sustained bleeding injuries on his neck and left hand fingers. Similarly, Yudhistir Sethy was assaulted by Bijay Kumar Behera and Sunakar Behera with lathi for which he sustained bleeding injuries on his right hand. Raghunath Sethy also sustained injuries on his chest because of thrust blow given by the accused Bijay Kumar Behera with lathi. On those allegations, learned S.D.J.M., Kendrapara took cognizance of the offences under Sections ////// of the Indian Penal Code (for short 'I.P.C.') read with Section of the I.P.C and under Section of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the case was committed to the court of Additional Sessions Judge, Kendrapara which was registered as ST. Case No.37 of 2008. For the same occurrence on the F.I.R. lodged by the petitioner no.2, Bijaya Kumar Behera, Kendrapara P.S. Case No. 180 of 2003 corresponding to G.R. Case No.391 of 2003 was registered under Section ///// and of the I.P.C. and read with Section of the I.P.C and cognizance of the offences were taken and the case is pending before the S.D.J.M., Kendrapara. Similarly, for the same occurrence i.e. 10.07.2003 on the report of Murlidhar Behera, Kendrapara P.S. Case No.179(9) dtd. 11.07.2003 under Section /// I.P.C. read with Section of the I.P.C. was registered and on completion of investigation charge sheet has been placed against the accused persons under Section // and of the I.P.C. read with Section of the I.P.C.

(3.) THE Code of Criminal Procedure nowhere provides specifically the manner in which trial of cases and cross cases are taken up. The terms 'cross -cases', 'counter cases' or 'case and counter cases' have not been defined in the Code of Criminal Procedure, but in common parlance when in a fight between the rival factions which culminates to registration of two cases one against each of the rival factions, those are termed as 'cross cases', 'counter cases', or 'case and counter case'.