S.S. Satheesachandran, J.

The above petition has been disposed of passing an order on dictation in open Court on 21/06/2012. As it appeared that further hearing was required, previous order was recalled and the parties were heard afresh. After such hearing, the petition is disposed of by this order.

2. The petition has been filed for transferring a complaint case pending before the Judicial Magistrate of the First Class, Kochi to the Assistant Sessions Court, Kochi, on the plea that the case pending before the magistrate is a counter case to the main case numbered as SC No. 354/11 before the Assistant Sessions Court. Previously, petitioner had moved an application before the magistrate seeking committal of his complaint case to the Sessions Court and, then, its transfer to the Assistant Sessions Court. That request was turned down by Annexure-A1 order. He then moved an application under section 408(1) of the Code of Criminal Procedure (for short "the Code") before the Sessions Judge, seeking transfer of the case. That was turned down by Annexure-A2 order by the Sessions Judge holding that the case pending before the magistrate cannot be transferred to the Sessions Court under