Rule. Rule is made returnable forthwith. Respondents waive service. By consent of parties, Petition is taken up for final hearing.

2. By this Petition which is filed under Article 226 and 227 of the Constitution of India and also under section 482 of the Criminal Procedure Code, Petitioner is challenging the order passed by the 3rd Ad-hoc Assistant Sessions Judge, Greater Bombay dated 26/12/2011 whereby the learned Assistant Judge was pleased to dismiss the application filed by the Petitioner wherein he had challenged the jurisdiction of the Assistant Sessions Judge in trying and entertaining the sessions case in which the accused was charged for the offence punishable under section 326 of the IPC and in the complaint filed by him in which the accused was charged for the offence punishable under section 307 of the IPC.

3. Brief facts are as under:-

FACTS:

4. Sessions Case No.29 of 2010 was assigned to the 3rd Adhoc Assistant Sessions Judge, Greater Bombay. The accused was charged for the offence punishable under section 326 of the Indian Penal Code. Misc. Application was filed by the Petitioner in which it was contended that in view of section 28(3) of the Criminal Procedu