(1.) The question that arises in this petition filed under section 482, Criminal Procedure Code, by the accused in Sessions Case No.45 of 1976 on the file of the Court of the Metropolitan Sessions Judge, Hyderabad, is whether the order of committal of the accused by the V Metropolitan Magistrate, Hyderabad, under section 323, Indian Penal Code, read with section 209, Criminal Procedure Code, is without jurisdiction.
(2.) The Inspector of C.B.I., S.P.E., Hyderabad, filed a charge-sheet against the accused for the alleged offences under sections 120-B/420, 471/460, 420 and 472, Indian Penal Code. The charges were framed after examination of the accused and hearing as required under section 240, Criminal Procedure Code. A-1 was charged under sections 120-B/420, 471/461, 471/ 460, 420 and 472, Indian Penal Code. Charges against A-2 were framed under sections 120-B/420 and 419, Indian Penal Code. The charges framed against A-3 were under sections 120-B/420, 419 and 471/468, Indian Penal Code. It is unnecessary for the purpose of this case to refer to the charges framed against A-4, as he is not a petitioner in this petition.
(3.) When the case came on for trial the learned Magistrate having regard to the gravity and nature of the offence, and the circumstances of the case, was of the opinion that the case was one that ought to be triec' by a Court of Session and, therefore, committed the case to the Court of Session. Hence, this application by the accused.