RAKESH CHOURASIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THE applicant has filed this criminal revision under Section 401 read with Section 397 of Cr.P.C. being aggrieved by the order dated 19/12/2013 passed by the learned Session Judge, Jabalpur in MJC No. 211/2013 whereby the application filed by the applicant under Section 408 of Cr.P.C. for transferring the counter case pending before the Court of Judicial Magistrate, First Class, Jabalpur bearing case No. 17482/2013 to the court of Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act was dismissed.

(3.) LEARNED Public Prosecutor opposing the submissions made by learned counsel for applicant submitted that the reasons assigned by the learned trial court are just and proper as the criminal case pending before the Court of JMFC cannot be transferred to the Court of Session under Section 408 of Cr.P.C. for deciding both the cases simultaneously arising out of the same incident, because, if a case is transferred under Section 408 of Cr.P.C. to the Court of Session, cognizance cannot be taken by the court of Session under Section 193 of Cr.P.C. unless the case is committed to the same. In such circumstances if the case is pending before the Court of JMFC it should be committed to the Court of Sessions under Section 323 of Cr.P.C. instead of under Section 209 of Cr.P.C. because, pending case is not related to an offence triable by the court of Session, therefore, the revision petition being devoid of merits, deserves to be dismissed.