SATHYANARAYANA Vs. STATE

JUDGEMENT

(1.) Petitioners, complainants in S.C. No.162/2013 pending on the file of Sessions Court, Shimoga, have come up in this proceeding seeking quashing of the order dated 18.04.2013 passed in Crl.Misc. No.192/2013, wherein the Sessions Court, Shimoga, passed an order in transferring the proceedings in Crime No.41/2012, now registered as C.C. No.105/2013, to the Court of District and Sessions Judge, Shimoga.

(2.) Admittedly, petitioners herein filed a complaint in Crime No.41/2012 alleging that 2nd respondent herein and others have committed offences punishable under Sections 323, 324, 355, 504 and 506 read with Section 34 of IPC and also under Section 3(1)(x)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act'). The said complaint is registered by Sagar Rural Police and subsequently, committed to the Court of Sessions Judge and registered as S.C. No.162/2013 and pending on the file of Court of Sessions Judge, Shimoga. It is also stated by petitioners herein that the accused in the said proceedings namely, Praveen Kumar, who is 2nd respondent herein, has filed a complaint against petitioners in Crime No.40/2012 registered by Sagar Rural Police for the offences punishable under Sections 323, 324 and 504 read with Section 34 of I.P.C., which is subsequently registered as C.C. No.105/2013 and pending on the file of JMFC., Sagar.

(3.) It is the case of petitioners that subsequently, the 2nd respondent, who is the complainant in C.C. No.105/2013, has filed petition in Crl. Misc. No.192/2013 under Section 408 of Crl. P.C., seeking transfer of C.C. No.105/2013 pending on the file of JMFC., Shimoga, to the Court of Sessions Judge, Shimoga, to be tried along with S.C. No.162/2013. It is seen that the Sessions Court, after hearing the petitioner, Praveen Kumar, in the said petition, has proceeded to allow the same and committed the proceedings in C.C. No.105/2013 to the Court of Sessions, Shimoga, to be tried along with S.C. No.162/2013 by order dated 18.04.2013. Being aggrieved by the same, the present petition is filed seeking quashing of the impugned order.