SARBESWAR BISWAL Vs. STATE

JUDGEMENT

(1.) ONE Biswanath Jena was found murdered at about 12 noon on 5 -12 -1969. Sarbeswar Biswal, the Petitioner in this case, lodged information about the murder at the Polio Station at about 2 -40 P.M. that day (G.R. Case No. 1478 of 969). On the next day at about 5 P.M., one Janardan Padhan lodged information at the Police Station that at about 12 noon on 5.12.1969, the Petitioner (Sarbeswar Biswal) and seven others came armed and assaulted Janardan (G.R. Case No. 1479/69). Both these cases were investigated by the Police. In G.R. Case No. 1478/69, a charge sheet under Section 302, Indian Penal Code and Borne other allied sections was submitted against Sarbeswar Swain. A charge -sheet under Sections 147/341/323/ 324/149, Indian Penal Code was filed against the Petitioner and seven others in G.R. Case No. 1479 of 1969. After necessary enquiry, Sarbeswar Swain was committed to the Court of Sessions to stand his trial. The very same Magistrate took up for trial the other case G.R. 1479 of 1969 against the Petitioner and seven others. After perusing the necessary papers filed under Section 173, Code of Criminal Procedure, the Magistrate framed charges under Sections 147 arid 323, Indian Penal Code against the accused persons to which they pleaded not guilty and claimed to be tried. Thereafter, prosecution witnesses were summoned to be examined in Court. On 16 -1 -1971, out of the three prosecution witnesses present, only one witness, namely, the informant in the case was examined and the Prosecuting Inspector declined to examine the others at that stage. The case was adjourned for orders to 18.1.1971. Order was not ready on the 18th and the case was adjourned to the next day and on the 19th, the learned Magistrate passed orders framing charges against the accused persons under Sections 147/323, Indian Penal Code and committed them to the Court of Sessions to stand their trial on the ground that it is a counter case to G.R. Case No. 1478/69 in which the accused persons had already been committed to the Court of Sessions and that for better appreciation of the evidence and in the interest of justice, it is necessary that the accused persons in G.R. Case No. 1479 of 1969 (the case of the Petitioner and seven others) should also be tried by the Sessions Court. It Is to quash this order of commitment that the present revision application has been filed by Petitioner.

(2.) ALTHOUGH several grounds are mentioned in the petition, the grounds that are pressed are the following:

(3.) THE second ground argued on behalf of the Petitioner is of considerable importance and rests upon the correct interpretation of Sub -section (4) of Section 207 -A of The Code. Sub -section (3) of Section 207 -A says that at The commencement of the committal inquiry, the Magistrate should ensure that the documents referred to in Section 173 have been furnished to the accused. Then occurs Sub -section (4) which reads thus: