HEMANTH KUMAR M. Vs. STATE

JUDGEMENT

(1.) This petition is filed under Sec. 407 of Cr.P.C., by the accused in S.C. No.372/2017, pending on the file of LXIII Additional City Civil and Sessions Judge at Bengaluru praying to transfer the said case to LXVIII Additional City Civil and Sessions Judge at Bengaluru, where S.C. No.372/2017 is pending or vice versa.

(2.) The learned Sessions Judge vide impugned order dtd. 30/5/2022 has dismissed the petition filed under Sec. 408 of Cr.P.C., to transfer the case. From the impugned order it appears that a contention was taken that both the cases are interconnected and they are case and counter-case. The learned Sessions Judge has observed that two incidents have taken place at two different points of time and as such, they cannot be termed as case and counter-case.

(3.) According to the learned counsel for petitioners if both the cases are posted before any one particular Court it will be convenient to both the parties as well as the Court for adjudication of the case, since some of the witnesses as well as the accused in both the cases are common.