VIJAY KUMAR F RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith with consent of parties.

(2.) In this revision, the petitioner has impugned the order dated 30-9-2004 passed by Sessions Judge, Jalna, rejecting the application for transfer of R.C.C. No.494/2002 to the Court of Session for being tried along with Sessions Case No. 56/2003.

(3.) In nutshell, relevant facts are that on 30-8-2002 at 10.30 a.m. there was a quarrel in open plot in front of house of the petitioner in respect of digging. During the quarrel, the parties inflicted injuries on their rivals. Therefore, two reports in respect of the same incident came to be filed. On the basis of a report filed by the petitioner, offence has been registered under Sections 324, 323, 504, 506 r/w 34 of the Indian Penal Code. After completion of investigation, charge sheet came to be filed in the Court of JMFC, Ambad being Reg. Cri. Case No. 494/2002. From rival party, Sanjay Uttamrao Salve filed a report in respect of the same incident. In the report in addition to the allegations in respect of assault against the petitioner, wife of Kapurchand and others, the complainant also referred to the insults given to him by referring to his caste. On the basis of this complaint, offences punishable under Sections 143, 147, 148, 149, 54, 307 and 506 of IPC came to be registered. The charge sheet was filed in the Court of JMFC, Ambad. As the offence punishable under Section 307 of IPC is exclusively triable by the Court of Sessions this case came to be committed to the Court of Session and was numbered as Sessions Case No. 56/2003, which is pending in the Court of Ist Additional Sessions Judge, Jalna.