DHRUBA CHARAN NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision has been filed by the petitioners alleging that they have been called upon to stand their trial in Sessions Case No. 2 of 1992 pending in the Court of the Addl. Sessions Judge, Kendrapara for the offences punishable Under Sections 326, 307, 302 read with Section 34 of the Indian Penal Code corresponding to Rajkanika P. S. Case No. 68 of 1991 and G.R. Case No. 683 of 1991 of the Court of the SDJM, Kendrapara. Another counter complaint case from the side of the accused persons bearing ICC Case No. 24 of 1993 is now pending in the Court of the SDJM, Kendrapara which is fixed to 23 -2 -1993 lor inquiry Under Section 202, Cr PC.

(2.) THE allegation of the petitioners is that since the law is well settled that the case and the counter case should be heard simult - aneously, it would cause great prejudice to them if the ST No. 2 of 1992 would proceed much in advance and the hearing of the complaint case is delayed. Though a petition was filed before the learned Addl. Sessions Judge, Kendrapara to differ the trial of the sessions case awaiting result of the inquiry in the complaint case referred to above, the same had been rejected by the Addl. Sessions Judge on 9 -2 -1993 on the ground that the cognizance has not been taken in the complaint case to hold that there is a counter case to the sessions trial and it cannot be said that counter case exists and therefore there is no ground for deferring the trial of the Sessions trial which is fixed to 15 -2 -1993. The learned counsel for the petitioners states that cognizance has already been taken in the complaint case and also has filed an affidavit in the Court indicating that the Magistrate has taken the cognizance of the offence mentioned in the complaint petition. - -

(3.) WITH the aforesaid observations, the criminal revision is disposed of.