SANJEEV KUMAR HIREMATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition filed under sec. 407 of Cr.P.C., petitioner has prayed to transfer C.C.No.23250/2018 pending on the file of the II Additional Chief Metropolitan Magistrate, Bengaluru City to the Court of LXX Additional City Civil and Sessions Judge, Bengaluru City and to try the said case along with Spl C.C.No.35/2018.

(2.) Petitioner is the first informant in Crime No.200/2017 registered at Jayanagar Police Station against one Raghavendra, in respect of an incident which took place at about 12.30 p.m. on 10/7/2017, which culminated in filing of charge-sheet against the said accused for offences punishable under Sec. 341 , 324 , 504 and 506 of IPC. The offences alleged being triable by the learned Magistrate, the said case numbered as C.C.No.23250/2018 is pending on the file of the II Additional Chief Metropolitan Magistrate, Bengaluru City.

(3.) It is not in dispute that with regard to the very same incident which took place on 10/7/2017 a counter complaint was lodged by the respondent herein against the petitioner and his father, which was registered in Crime No.201/2017 of Jayanagar Police Station. On completion of investigation the police have filed charge- sheet against the petitioner and his father for offences punishable under Ss. 323 , 324 of IPC and Sec. 3(1)(r), 3(1)(s) of the SC/ST (Prevention of Atrocities) Act,1989 (SC/ ST Act , for short). Since the offences under the SC/ ST Act are triable by the Special Court, the charge- sheet was filed before the Special Court, numbered as Special Case No.35/018 and the same is pending before the LXX Additional City Civil and Sessions Judge, Bengaluru City.