TALARI GIDDAPPA Vs. STATE OF A P

JUDGEMENT

(1.) This transfer criminal miscellaneous petition is filed by the petitioners under Section 407 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'Code' for the purpose of convenience) praying for the transfer of S.C. No.407/2001 on the file of VI Additional Sessions Judge, Anantapur to the Court of the Additional Assistant Sessions Judge, Anantapur, and pass such other suitable orders.

(2.) It is stated that a charge-sheet was filed against the petitioners for offences punishable under Sections 143, 448, 354 and 379 read with Section 149 I.P.C. and the case was committed to the Court of Sessions and the same was numbered as S.C. No.407/2001 on the file of Additional Assistant Sessions Judge, Anantapur, and the charges also were framed and thereafter on 6-1-2003 this case was transferred to the Court of VI Additional Sessions Judge (Fast Track Court), Anantapur for trial. It is stated that except Section 354 I.P.C., all other offences are triable by the Magistrate of First Class. It is also stated that if the Additional Sessions Judge tries the case, the remedy to approach the Court of Session would be lost by the petitioners. Section 407 of the Code dealing with Power of High Court to transfer cases and appeals reads as hereunder:

(3.) In the light of the aforesaid provisions in general and sub-section (2) proviso of Section 407 of the Code referred to supra in particular, the petitioners should have approached the learned Sessions Judge praying for transfer and straightaway approaching this Court is impermissible. In view of the same, the transfer criminal miscellaneous petition is hereby dismissed.