NAGORAO VISHWANATH INGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application by an accused person who was committed for his trial to the court of Sessions and against whom a charge has been framed by the learned Additional Sessions Judge, Aurangabad, under Sections 409, 465 and 477 A the Indian Penal Code.

(2.) When such charges were framed, the accused applied to the learned Assistant Sessions Judge stating that the alleged offences are not exclusively triable by the Court of Sessions and the learned Assistant Sessions Judge should not try him, on the contrary, he should pass an order tranferring the case to the file of the Cheif Judicial Magistrate. After bearing the accused, this application was rejected by the learned Assistant Sessions Judge. Against that order the accused has filed the present petition.

(3.) A chargesheet was filed against the present accused petitioner on 15th January 1975 by the Paithan Taluka Police station under Sections 409, 420, 464, 465, and 477-A of the indian Penal Code. After examining the record the Judicial Magistrate First Class, by his order dated 23rd June 1975 committed the accused to the Court of Sessions for trial. After his case was called our and a charge was framed, as mentioned above, he applied for transfer of the case which application had been rejected.