MURALIDHAR BARAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Praying for transfer of G. R. Case No. 474 (R) 1989 pending before the Judicial Magistrate First Class, Rural, Cuttack to the Court of Smt. B. Devi, Assistant Sessions Judge, Cuttack before whom Sessions Trial No. 5 of 1991 is pending, this application has been filed invoking the inherent jurisdiction of the High Court Under Section 482 read with Section 407 Cr. P. C.

(2.) THE petitioners are accused persons in Sessions Trial No, 5 of 1991 which relates to an occurrence dated 11 -4 -1989 at 7:00 p. m. Charge has been framed under Secs. 147, 148, 149, 307, 323, 324 and 325, IPC. It is contended by the petitioners that an F. I. R. was lodged by one of the accused persons relating to the same occurrence though the time of occurrence has been stated to be at about 6.30 p. m. giving rise to G. R. Case No. 474 (R) of 1989. After completion of investigation, charge sheet has been submitted against opp. parties 2 to 9 for commission of offence under Secs, 147, 148, 149, 324 and 294, IPC vide G. R. Case No. 474 (R) of 1989 which is pending before the Judicial Magistrate First Class, Rural, Cuttack for trial. Since G. R. Case No. 474 (R) of 1989 and Sessions Trial Case No. 5 of 1991 arise out of the same occurrence, both the cases should be tried one after the other. - -

(3.) IT is no more res Integra that if two cases are pending which arise out of the same occurrence, then the interest of justice requires that one should be tried after the other by the same Judge. [Section 30(1964) CLT 446 (Kalandi Behera and Ors. v. State, 41(1975) CLT 607: Gundi Sahu and Anr. v. State of Orissa, 1987 (II) OLR 458 64 (1987) CLT 475: Ashok Kumar Panigrahi and two others v. State of Orissa and Ors. and 1978 CLR (Crl) 321 : Maheswar Lenka and Ors. v. The State].