Trials of Case and Cross Case : Problems and Paradox
By
Shyamal Kumar Sinha Ray
Though there is no provision in the Criminal Procedure Code as to the procedure in cross-cases it is well established principle that a case and a cross-case should be tried by the same court separately, though simultaneously or in quick succession, and separate judgments must be pronounced after both the cases are heard This principle applies also to cases exclusively triable by the Sessions Court as well as to the two cases of which one is exclusively trible by Sessions Court and the other is not so triable.
"Justice and common sense, fused by enlightened reasoning" engender the principle for the separate but simultaneous trials of case and cross-case by the same Magistrate or Judge. But where there are two cases one exclusively Sessions triable and the other not, the Magistrate cannot suo motu commit the non-commitable one to the Court of Session automatically. Subordinate courts have no inherent power even to secure the ends of justice. However, in Purna Chandra ....