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1984 Supreme(SC) 329

P.N.BHAGWATI, V.KHALID
State of Karnataka – Appellant
Versus
Muniyalla – Respondent


Advocates:
KAMINI JAISWAL, KAPIL SIBAL, SVARAJ KAUSHAL

Judgment

BHAGWATI, J. :- Leave granted.

2. On the basis of a complaint lodged by one Muniyamma the police registered a case being Crime No. 90 of 1979 under Ss. 302 and 307 of the Penal Code and on completion of the investigation, filed a charge-sheet against the respondent for the offences under Ss. 302 and 307, IPC. The Chief Judicial Magistrate took cognizance of the offences and committed the case to the Court of Session, Bangalore. The Sessions Judge registered the case as Sessions Case No. 15/79. It appears that the jurisdiction of the Sessions Court was transferred to the Court of City and Sessions Judge, Bangalore and the High Court therefore by an order dated 30th Dec. 1980 made in exercise of the powers conferred under S. 407 of the Criminal P.C. withdrew Sessions Case No. 15/79 from the Sessions Judge, Bangalore and transferred it to the Principal City Civil and Sessions Judge, Metropolitan Area, Bangalore City for disposal in accordance with law. The Principal City Civil and Sessions Judge registered the case as Sessions Case No. 17/81 And by an Order dated 30th Jan. 1981, purporting to be in exercise of the power vested under S. 409(1) of the Criminal P.C. transferred th






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