BANDARU SREEDHAR REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is petition filed under S. 407, Cr.P.C., for transfer of C.C. No. 165 of 83 on the file of the Judicial First Class Magistrate, Giddalur, to the file of the Asst. Sessions Judge, Markapur.

(2.) The facts of the case in brief as averred in the affidavit are : On 19-3-82 at about 2.00 p.m. there was a mutual fight between to parties in the main Bazar of Giddalur resulting in Crime Nos. 52 and 53 of 82 being registered by the Giddalur Police since some of the individuals in each of the parties happened to receive injuries. After investigation police filed a charge sheet in Crime No. 53/82 before the Judicial First Class Magistrate, Giddalur, and it was registered as C.C. No. 165/83. The petitioner in this transfer petition is cited as P.W. 1 in C.C. No. 165/83. The other crime, Cr. No. 52/82, in which the present petitioner is the accused has been committed to the Court of Session and registered under S. 307, I.P.C. as S.C. No. 88/83 on the file of the Assistant Sessions Judge, Markapur. It is submitted that the two cases arise out of the same transaction and they are case and counter and therefore need to be tried by one and the same Court and the judgments be delivered at the same time to avoid conflict of decisions.

(3.) Before entering into the merits for transfer, it is to be noted that the very maintainability of this transfer application under S. 407, Cr.P.C. is challenged by the Addl. Public Prosecutor and Shri E. V. Bhagiratha Rao, learned counsel for the respondents. It is submitted that the proviso to sub-section (2) of S. 407, Cr.P.C. debars the present application since both the Courts being in the same Sessions Division of Prakasam, no application similar to the present one was made before the Sessions Judge and rejected by him. The proviso relied upon is as under :