GANTEI BISOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD argument from learned counsel for both the parties and this application under Section 482, read with Section 407, Cr.P.C. is disposed of at the stage of admission on consent of both the parties.

(2.) PETITIONERS are the accused persons in Sessions Case No. 163 of 2002 pending in the Court of Sessions Judge at Berhampur. That case arises out of G. R. Case No. 84 of 2000 of the Court of J.M.F.C., Purusottampur. Petitioner's application for taking of the case in the Circuit Court at Chhatrapur was rejected by learned Sessions Judge on 23.4.2002 on the ground that he does not hold Sessions Circuit at Chhatrapur. Thereafter the present application has been filed, in which prayer has been made to issue a direction to the Sessions Judge to conduct the trial of the aforesaid case at Chhatrapur Circuit or to transfer the same to one of the Additional Sessions Judge for trial of the case at Chhatrapur Sessions Circuit.

(3.) HEARING on the issue of framing charge is not a hollow formality. The trial Court must afford opportunity of hearing to the accused persons. When some of the accused persons were not defended by private defence on 23.4.2002, the matter relating to framing of charge could not have been considered on that date without asking the accused persons to engage a counsel or by appointing a State Defence Counsel, as the case may be. Since the Sessions Judge has recorded about the aforesaid mistake, it shall be proper on the part of the trial Court to afresh hear the parties on the question of framing of charge and thereafter to fix the date of trial.