GIRIJANANDA BHATTACHARYYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS Is an application under Section 407 of the Criminal Procedure Code for transfer of G.R. Case No.163 of 1974, pending before the Sub -divisional Judicial Magistrate, Nalbari to be tried along with G.R. Case No.162 of 1974 (since committed under the Criminal Procedure Code (old) and registered as Sessions Case No.13 (K -N) of 1976, and pending for trial before the Court of Session, Gauhati.

(2.) THE aforesaid G.R. Cases are offshoot of an incident which happened on 8 -2 -74.

(3.) PETITIONER No.2 (Bibhabananda Bhattacharyya) lodged an ejahar on 8 -2 -74 against the opposite parties Nos.2 to 13. The matter was investigated and a charge sheet has been submitted against the accused persons. Similarly, against the petitioners an ejahar was lodged, investigation taken up, a case registered as G.R. Case No.162 of 1974 and the accused were committed to the Court of Session to stand their trial. Therefore, there are two eases which arose out of the same incident -one lodged by the petitioner No.2 and the other against the two petitioners and others. In both the cases, charge sheets have been submitted. In the first case (lodged by the petitioner No.2) charges have been framed against the opposite parties Nos.2 to 13 under Sections 147/326/323 of the I.P.C. The offences are not exclusively triable by the Court of Session, whereas the cross case filed against the petitioners 4nd others relates to offences under Sections 302/147/148/149/323 of the I.P.C. and the offence under Section 302 I.P.C. is exclusively triable by the Court of Session.