PITABAS BEHERA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD .

(2.) ACCUSED persons in Sessions Trial No. 43/99 of the Court of C.J.M. -cum -Assistant Sessions Judge, Khurda have filed this application under Section 407 read with Section 482 of the Code of Criminal Procedure, 1973, (in short 'the Code') stating that G.R. Case No. 818 of 1998 (after commitment registered as S.T. Case No. 43 of 1999) and G.R. Case No. 820/98 pending in the Court of S.D.J.M., Khurda are case and counter case to each other. He further states that when an application was filed in the Court of C.J.M. -cum -Asst. Sessions Judge, Khurda to hear the cases as case and counter case, learned Assistant Sessions Judge rejected the said two applications vide his order dated 15.5.99 on the ground that no material was placed to ascertain if the said two cases are case and counter case to each other and moreover that Court had no power to direct for commitment of the other case i. e., G.R. Case No. 820/98.

(3.) REFERENCE to facts in both the above noted G.R. Cases, is not necessary to settle the dilemma on the legal position in respect of manner in which cross cases should be dealt with and disposed of. At the out set it be indicated that the terms 'cross -cases', 'counter cases' or case and counter case, in any name it may be called, have not been defined in the Code. When there is a fight between two rival factions which gives rise to registration of two cases one against each of the rival factions, such cases, in common parlance are termed as 'cross -cases', 'counter cases' or 'case and counter case'.