Order.- The only question that arises in this petition is whether a case properly committed by a competent Magistrate before the Code of Criminal Procedure, 1973, came into force, and now pending is to be tried in accordance with the procedure prescribed for the trial of cases before the Courts of Session by Chapter XVIII of the said Code or by Chapter XXIII of the Criminal Procedure Code of 1898.

2. The material facts giving rise to this petition which are neither complex nor long drawn out are these: The petitioners are the accused in Sessions Case No. 18 of 1974 on the file of the Court of the First Additional Assistant Sessions Judge, Vijayawada. On an enquiry held by the Fourth City Magistrate-cum-Spccial Magistrate, Hyderabad, in P.R.C. No. 8 of 1970, the accused were committed to take their trial before the Court of Session, Hyderabad, by an order dated 4th July, 1972 for offences under sections 120-B, 420, 466,467 read with 471. Indian Penal Cole. The said case was made over to the Fifth Additional Assistant Sessions Judge, Hyderabad. Later, on a petition filed by the accused in Crl.M.P. No. 2168 of 1973 the case was transferred to the file of the First Additional Assistant Sessions Judge, Vijayawada, on the ground of convenience of the parties by an order of this Court dated 7th December, 1973. On transfer, the First Additional Assistant Sessions Judge, Vijayawada, took the case on file, numbered it as Sessions Case No. 18 of 1974 and posted the case for trial from 1st July, 1974.

3. The provisions of the Code of Criminal Procedure, 1973 came into force on 1st April, 1974. Under the second schedule of the New Code, all the offences for which the accused in this case are to be tried are triable by a Judicial Magistrate of First Class. Therefore, the accused have now filed this petition praying for a direction to the First Additional Assistant Sessions Judge, Vijayawada, to follow the procedure prescribed under Chapter XVIII of the New Code and transfer the case for trial to the Chief Judicial Magistrate, Krishna District, under section 228 of the New Code.

4. The accused in this case were committeed to take their trial before the Court of Session on 4th July, 1972. It is not in dispute that the commitment then, was proper and by a competent Magistrate. The procedure applicable to cases triable by Courts of Session was prescribed by Chapter XXIII of the Code of Criminal Procedure, 1898 (V of 1898). By section 484 (1) of the Code of Criminal Procedure, 1973 (II of 1974), the Code of Criminal Procedure, V of 1898) was repealed. The saving clause in the New Code reads:

“Section 484 (2).- Notwithstanding such repeal-

(a) if, immediately before the date on which this Code comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898) as in force immediately before such commencement (hereinafter referred to as the Old Code), as if this Code had not come into force:

Provided that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencement of this Code, shall be dealt which and disposed of in accordance with the provisions of this Code”.

5. The learned Counsel for the petitioners tried to garner great support from the words “there is any appeal, application, trial, inquiry or investigation pending” in the section for his submission that the procedure prescribed by Chapter XXIII of the Code of Criminal Procedure, 1898, was inapplicable to the trial of this case. He submits that there was no “trial pending” in the case since the trial in a Sessions Case commences only when the charge is read out to the accused and the accused is asked to plead to the charge and not till then. He argues that since the accused in this case had not been asked to plead to a charge framed

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