Sashi Behera vs State Of Orissa And Etc. on 16 November, 1985
So far as the fourth ground is concerned even though both the cases were tried as case and counter case, it was not open to the learned Chief Judicial Magistrate to make reference to the case diary of the counter case. The materials in one case cannot be referred to and relied upon in another case. The evidence in one case is not the evidence in the other case. This is the view of this Court as would appear from (1984) 1 Orissa LR 543, Nishakar Panigrahi v. Kulamani Dixit. The last ground is delay in filing the complaint petition. Sashi Behera stated that he reported the incident to the police. There were some injuries on his person and he was sent for medical examination. He was taken into custody on 15-12-78 and was detained in jail custody from 16-12-78 to 21-12-78. He was released on bail on 21-12-78 and got himself examined by Dr. N. Behera. The courts were closed on account of Christmas holidays from 23-12-78 to 1-1-79. The complaint petition was filed on 2-1-79. This is the explanation given by Sashi Behera for delay in filing the complaint petition. When he was in custody and the Courts were closed for Christmas holidays, it is not understood how the complaint petition could have been filed earlier. Therefore, the delay in filing the complaint petition has been sufficiently explained and no doubt can be cast as to the case of assault alleged by Sashi Behera.