KADAR BASHA Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) ONE Elumalai had preferred a complaint against the revision petitioner as well as the second respondent and the same was registered in Crime No. 803 of 2004 for the offences under Sections 147, 148, 324, 323 IPC read with Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes Act, which is exclusively triable by a Special Court, namely, the Sessions Court, Villupuram. Crime No. 804 of 2004 came to be registered on the basis of a complaint lodged by the revision petitioner against the other parties, for the offences under Sections 147, 148, 294 (B), 354, 324 and 506 (ii) IPC.

(2.) THE above said cases are pending before the Principal Sessions Court, Villupuram, and the Judicial Magistrate Court, Thirukoilur, in S. C. No. 102 of 2005 and C. C. No. 30 of 2005 respectively. It is an admitted fact that both the cases have arisen out of same transaction.

(3.) SECOND respondent preferred a petition in Criminal M. P. No. 8334 of 2005 on the file of Principal Sessions Judge, Villupuram, praying for the relief of transferring the case in C. C. No. 30 of 2005, pending on the file of Judicial Magistrate, Thirukoilur, to the file of Principal Sessions Court, Villupuram, for trying the same with S. C. No. 102 of 2005.