SRI RAJESH NAYAK Vs. THE STATE

JUDGEMENT

(1.) This revision petition arises out of the order of the Prl. Dist. and Sessions Judge, Mysuru and Special Court for trial of the offences under Karnataka Control of Organized Crimes Act, 2000 (hereinafter referred to as "KCOCA" for short), dated 16.08.2017 in Crime No.83/2017. By the impugned order Spl. Court rejected the application of the petitioners under S.167(2) Cr.P.C.

(2.) Petitioners are accused Nos.1 to 11 in Crime No.83/2017 of Vittal/Vitla Police Station. Initially, the said complaint was registered against unknown four persons on the basis of the complaint of one A.Mohammad Anwar for the offences punishable under Ss.448, 302, 506 read with S.34 of IPC . The complainant alleged that on 20.04.2017 at 11.35 a.m., in Panchayat Office of Karopadi Village some unknown persons assaulted his brother with deadly weapons and committed his murder. During the investigation the I.O. invoked the provision of S.3 of the KCOCA and Ss. 120B, 201, 109, 212 read with S.34 of IPC and Ss. 5, 37, 39 of Money Lenders Act and Ss.3 and 4 of Exorbitant Interest Act.

(3.) The petitioners are arrested on 29.04.2017. On 30.04.2017 they were produced before the Magistrate and remanded to judicial custody. When the matter was pending before the Magistrate the petitioners filed application under S.167(2) of Cr.P.C . Meanwhile, on 22.07.2017, I.O. submitted a requisition to the jurisdictional Magistrate to transfer the records to Spl. Court, Mysuru on the ground that cases related to KCOCA are exclusively triable by the said Court. On such requisition the Magistrate observing that he has no jurisdiction to try the said case, transferred the case along with application to the Spl. Court.