RAMAKANTA PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS application arises out of an order passed by the learned Sessions Judge, Balasore in G. R. Case No. 1194 of 1997, corresponding to S.T Case No. 98 of 2001 in transferring the same to the court of Judicial Magistrate, Basudevpur.

(2.) THE case of the petitioner is that he is an accused in G. R. Case No. 1195 of 1997 for the offences under Sections 148/149/452/323/324/326/307/379,1.P.C., which was subsequently turned to Section 302, I.P.C. The Petitioner is also the informant in Q. R. Case No. 1194 of 1997, wherein the informant in the other case was charged for commission of the offences punishable under Sections 341/323/324, I.P.C. read with Section 34, I.P.C.

(3.) LEARNED Magistrate by his order dated 28.1.1999 was pleased to observe that G. R. Case No. 1194 of 1997 is a counter case to G. R. Case No. 1195 of 1997 and transferred the same to the court of the learned Sessions Judge for trial. Learned Sessions Judge in turn by his order dated 9.10.2001 sent back the record of G. R. Case No. 1194 of 1997 to the learned J.M.F.C., Basudevpur for disposal according to law as the same was not triable exclusively by the Court of Session relying upon a judgment of this Court rendered in Rama Chandra Patel v. State of Orissa and others, reported in (1998) 15 OCR 100 and Basudev Panda v. State of Orissa ana others, reported in (1995) 8 OCR, 104.