XXX GAUHATI HIGH COURT Vs. STATE OF ARUNACHAL PRADESH
HIGH COURT OF GAUHATI
Xxx Gauhati High Court
STATE OF ARUNACHAL PRADESH
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UJJAL BHUYAN -
(1.) Heard Mr. TJ Mahanta, learned Senior Counsel appearing for the Gauhati High Court and Mr. NNB Choudhury, learned Senior Government Advocate, Arunachal Pradesh.
(2.) This reference has been made under Section 395 of the Code of Criminal Procedure, 1973 (CrPC). Question for consideration in this reference is as under: -
"Whether in the light of Section 223 (d) CrPC was the Additional District and Sessions Judge, Basar justified in directing separate trials in respect of Aalo Police Station Case Nos.113/2016, 02/2013 and Likabali Police Station Case No.29/2011 though all the offences relatable to the above cases were allegedly committed in the course of the same transaction?"
(3.) BSR/SESS-1/2016 (State Vs. Martin Bagra and Hikar Ado) has been registered in the Court of Addl. District and Sessions Judge, Basar arising out of Aalo PS Case No. 113/2016, under Sections 376/506 IPC. On 20.06.2016, learned Addl. District and Sessions Judge, Basar charged accused Martin Bagra under Sections 376/506/201 IPC and accused Hikar Ado under Section 212 IPC.
However, learned Addl. District and Sessions Judge, Basar took the view that since Section 212 IPC is triable by a Magistrate, the case record of accused Hikar Ado was transferred to the Court of Chief Judicial Magistrate, Aalo for trial. ;
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