KOLLI VENKATESWARA RAO Vs. Y VENKATESWARA RAO

JUDGEMENT

(1.) This Criminal Petition has been filed to quash the order dated 15- 02-2008 in Tr.Crl.M.P.No.163 of 2008 on the file of the Metropolitan Sessions Judge, Hyderabad.

(2.) The brief facts of the case are as follows: The petitioner herein is the Accused in C.C.No.1162 of 2003 on the file of the III Additional Chief Metropolitan Magistrate, Hyderabad. According to the learned counsel for the petitioner, the petitioner had taken a specific stand before the trial Court that it has no jurisdiction to entertain the complaint and after completion of the evidence of the prosecution witnesses, DWs.1 to 3 were examined by the Accused.

(3.) The learned counsel for the petitioner raised two grounds. The first ground is that twenty four hours time ought to have been given by the learned Metropolitan Sessions Judge before hearing the application as required under subsection (5) of Section 407 of Criminal Procedure Code His second ground is that when an Accused had taken a specific stand that the Court has no jurisdiction to entertain the complaint, taking cognizance of the offence and transferring the criminal case from that court to another Court having jurisdiction are illegal and caused prejudice to the accused.