AMOL PRALHAD BHARATI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners who were accused in Regular Criminal Case No. 93 of 2012 pending before the learned Judicial Magistrate, First Class, Taloda, have challenged the order dated 22.09.2016 passed by the learned Additional Sessions Judge, Shahada and the consequential order dated dated 04.08.2017 passed by the learned Judicial Magistrate, First Class, Taloda, whereby the said case has been ordered to be committed to the Court of Session vide Section 323 of the Code of Criminal Procedure ("the Code", for short).

(2.) The accused in Sessions Case No. 38 of 2012 filed an application before the learned Additional Sessions Judge, Shahada stating therein that Regular Criminal Case No. 93 of 2012 arising out of the same incident (i.e. a counter case), is pending in the Court of Judicial Magistrate, First Class, at Taloda. Therefore, the accused requested that Regular Criminal Case No. 93 of 2012 may be transferred from the Court of Judicial Magistrate, First Class, at Taloda to the Court of the Additional Sessions Judge, at Shahada.

(3.) The learned Additional Sessions Judge, Shahada passed the following order on that application :