- (1.) This revisional application is directed against the order dated 3.12.03 passed by the learned Additional Sessions Judge, 3rd Court, Nadia in Sessions Case No. 13(9) of 2003 thereby rejecting petitioner's prayer to stay the said sessions case till the counter case being Nakashipara P.S. Case No. 26/ 2003 is transferred to the said Court.
(2.) Learned Advocate for the petitioner contended that over incident dated 15.2.03 case and counter case was started at Nakashipara Police Station being Nakashipara PS. Case No. 25 dated 15.2.03 and Nakashipara PS. Case No. 26 dated 16.2.03. This petitioner was made an accused in Nakashipara PS. Case No. 25 dated 15.3.03. After completing investigation the police submitted charge-sheet in both the said cases and the Nakashipara PS. Case No. 25/2003 has already been committed to the Court of Sessions and after transfer to the Court of learned Additional Sessions Judge, 3rd Court it has been registered as S.C. Case No. 13(9) of 2003. An application was filed on behalf of this petitioner to stay the said sessions case till the counter case being Nakashipara P.S. Case No. 26/2003 is committed to the Court of Sessions and transferred to the same Court for disposal, but the learned Judge has rejected the said application by order dated 3.12.03.
(3.) Learned Advocate for the petitioner further contended that the Supreme Court as well as this Court has made it clear in different decisions that case and counter case should be tried by the same Court and the judgments of both the cases should be delivered on same day one after another. He contended that both the cases should be tried by the same Court and it is desirable that trial should also start in both the case at the same time, so that, the learned Judge can see the witnesses of both cases and can watch their demeanour which would help the learned Judge to assess the evidence of both the cases as to which one is true and, which one is not true. It will help learned Judge to arrive at just decision and he can deliver the judgment of both the cases on same day one after another.;