BINAYAK MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) - This is an application under section 482, Criminal Procedure Code.

(2.) Petitioners are accused facing their trial in the court of the Assistant Sessions Judge, Bolangir in Sessions Case No. 78/1-6 of 1985-86. On 29-9- 1986, an application was filed for adjournment of trial till commitment of LC.C. No. 66 of 1985 in the court of the Sub divisional Judicial Magistrate, Bolangir, claiming the same to be a counter case to the prosecution in the Sessions Case. Learned Assistant Sessions Judge called for the records of I.C.C. No. 66 of 1985 for determination whether the same is a counter case. On 25-10-1986, the learned Assistant Sessions Judge persued the record of the complaint case and held: It appears from the complaint filed by Binayak Misra (accused in this case), that Bhagaban Bagarty who is injured in the S.C. Case No. 78-1 of 85-86 and Bharat Bagarty, informant in the Sessions Case assaulted the accused persons on 30-5-85 at about the same time of the occurrence. On perusal of the records of both the cases, it is found that the I.C.C. Case is counter to the said S.C. No. 78-1 of 85-86. Hence, the petition for adjournment till commitment of the counter case I.C.C. Case No. 66 of 1985 or disposal of that case by the S.D.J.M. Bolangir since the same is still at the stage of enquiry, is allowed TI

(3.) On each of the subsequent dates trial was adjourned awaiting commitment of the counter case. On 21-12-1987 a report was called for from the court of Sub-divisional Judicial Magistrate. The relevant portion of the order reads as follows: TI This is a long pending case for non commitment of the counter case from the court of S.D.J.M. Balangir. Inform the S.D.J.M. to intimate this court by 25-1-88 the stage in which the case IS posted and if the committal proceeding cannot be completed by that date, he should intimate this court for necessary action at this end TI The case was adjourned for several dates thereafter awaiting the intimation from the court of the Sub-divisional Judicial Magistrate. Lastly, on 16-4-1088, learned Sessions Judge adjourned the case to 21-4-1988 awaiting intimation for further orders. On 21-4-1988 before receipt of any intimation the case was posted for trial to 6-6-1988 and 7-6-1988 which is the grievance of the petitioner in this application.