(1.) THE petition is filed by the complainant seeking to withdraw Criminal Appeal No.44 of 2001 from the file of the learned Sessions Judge, Chennai and transfer the same to this court for disposal invoking the provision under section 407(1)(b) read with 407(i)(iv) of the Code of Criminal Procedure.
(2.) THE petitioner launched the prosecution as against two accused viz., Balasubramanian, the respondent herein and Venugopal Raj for the offences punishable under sections 365, 369, 344, 347, 384 and 167 of the Indian Penal Code. THE learned Chief Metropolitan Magistrate, Chennai took the case on file in C.C.No.10882 of 1991 and passed judgment dated 12.2.2001 convicting both the accused for the offences punishable under sections 344, 347, 384 and 365 of the Indian Penal Code.
(3.) THE petitioner, who is the complainant, has now come forward with the present petition seeking transfer of the Criminal Appeal invoking the provision under section 407(1)(b) of the Code of Criminal Procedure Code.