GIRIDHARI DAS Vs. BASUDEV DAS

JUDGEMENT

(1.) This is a petition under section 482 of the Code of Criminal Procedure. In this petition the prayer is to direct that G.R. Case No. 862/92 pending before the S.D.J.M. Kendrapara and I.C.C. Case No. 240/92 pending before the J.M.F.C. Kendrapara is tried together by the J.M.F.C. Kendrapara where I.C.C. Case No. 240/ 92 is pending. ORISSA HIGH COURT.

(2.) For this the submission of the counsel for the petitioner is that he had filed the application (Annexure 1) on 22.4.1994 before the S.D.J.M. for transfer of this case to J.M.F.C. Kendrapara. He also filed an application (Annexure 2) in I.C.C. Case No. 240/92 to reserve the decision till the end of the trial of G.R. Case No. 862/92. Since it was not done, being aggrieved by the order dated 12.7.1994, passed by the J.M.F.C. Kendrapara in I.C.C. Case No. 240 of 1992, revision petition (Annexure 3) was filed before the Additional Sessions Judge, Kendrapara who after hearing the parties has dismissed the same. Hence this petition under section 482 Cr. P.C. has been filed.

(3.) Learned Counsel for the petitioners has placed reliance on Muralidhar Saral and others v. The State of Orissa and others and also Sinayak Mishra and another v. State and another.