1. Petitioners, complainants in S.C. No. 162/2013 pending on the file of Sessions Court, Shimoga, have come up in this proceeding seeking quashing of the order dated 18 04.2013 passed in Crl.Misc. No. 192/2013, wherein the Sessions Court, Shimoga, passed an order in transferring the proceedings in Crime No.41/2012, now registered as C.C. No.105/2013, to the Court of District and Sessions Judge, Shimoga.

2. Admittedly, petitioners herein filed a complaint in Crime No.41/2012 alleging that 2nd respondent herein and others have committed offences punishable under Sections 323, 324, 355, 504 and 506 read with Section 34 of IPC and also under Section 3(l)(x)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act'). The said complaint is registered by Sagax Rural Police and subsequently, committed to the Court of Sessions Judge and registered as S.C. No. 162/2013 and pending on the file of Court of Sessions Judge, Shimoga. It is also stated by petitioners herein that the accused in the said proceedings namely, Praveen Kumar, who is 2nd respondent herein, has filed a complaint against petitioners in Crime No.40/2012 registered by Sagar Rural Police for the offences punishable under Sections 323, 324 and 504 read with Section 34 of I.P.C., which is subsequently registered as C.C. No. 105/2013 and pending on the file of JMFC., Sagar.

3. It is the case of petitioners that subsequently, the 2nd respondent, who is the complainant in C.C. No. 105/2013, has filed petition in Crl. Misc. No. 192/2013 under Section 408 of Crl. P.C., seeking transfer of C.C. No. 105/2013 pending on the file of JMFC., Shimoga, to the Court of Sessions Judge, Shimoga, to be tried along with S.C. No. 162/2013. It is seen that the Sessions Court, after hearing the petitioner, Praveen Kumar, in the said petition, has proceeded to allow the same and committed the proceedings in C.C. No. 105/2013 to the Court of Sessions, Shimoga, to be tried along with S.C. No. 162/2013 by order dated 18.04.2013. Being aggrieved by the same, the present petition is filed seeking quashing of the impugned order.

4. Section 408 of Criminal Procedure Code reads as under:

"408. Power of Sessions Judge to transfer cases and appeals -(1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.

(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested or on his own initiative.

(3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 407 shall apply in relation co an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under sub-section (1) of section 407, except that sub-section (7) of that section shall so apply as if for the words "one thousand rupees" occurring therein, the words 'two hundred and fifty rupees" were substituted.

5. On going through the aforesaid provisions, it is clearly seen that the transfer petition under Section 408 of the Code of Criminal Procedure can be entertained by the Court of Sessions on three occasions firstly, either on the report of the lower Court, secondly on the application of party interested, thirdly on its own initiative. In the instant case, the transfer petition is filed by the 2nd respondent herein for the reason that the proceedings pending in C.C. No. ICS/2013 is against the very same persons, who have lodged complaint against him for the offences punishable under the provisions of Sections 323, 324, 355, 504, 506 of IPC, and Section 3(l)(x)(xi) of the Act and that the proceedings in S.C. No. 162/2013 as well as C.C. No. 105/2013 appeal-to be with reference to between same set of people and arising out of same incid