ANANDA SHETTY Vs. AITHU POOJARY

JUDGEMENT

(1.) THE learned counsel for the petitioners has vehemently argued that the learned Magistrate has committed an error in committing the case to the Court of Session on the ground that both the cases will have to be tried by the Court of Session as they are a case and a counter case even if the case in question is not exclusively triable by the Sessions Judge. He further emphasised that only if both the cases are triable exclusively by the Court of Session, the Magistrate can commit the case to the Court of Session and not otherwise. He further submitted that the witnesses have no locus standi to make an application to the Court to commit the case to the Court of Session.

(2.) REPELLING this argument, the learned advocate

(3.) THE learned S. P. P. also submitted in support of the argument of the learned counsel for respondents 1 and 2 that the Court of Session will have to dispose of both the cases simultaneously though conducting different trials. He also submitted that there is no irregularity or illegality in the order being passed by the learned Magistrate. Therefore, the petition may be dismissed.