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1999 Supreme(Mad) 1279

K.BHIMIAH
Shrivasharan Reddy – Appellant
Versus
The State of Mysore – Respondent


Advocates:
G. M. Rego, for Respondent No. 1.
V. S. Malimath and K. A. Swami, for Respondents Nos. 2 to 11, 13 to 24 and 26 to 28.

Order.-

This is a petition for transfer under section 526, Criminal Procedure Code. The petitioner is the complainant who filed a report before the police of Chitapur against accused Nos. 1 and 26 others for offences under sections 395, 452 read with 149, Indian Penal Code complaining that A-1 with the help of others had committed dacoity in respect of 150 bags of Jawar kept in his godown. The police filed the charge-sheet against the accused-respondents before the Munsiff-Magistrate, Chitapur, on 19th May, 1966. Since the Presiding Officer of that Court happened to be a tenant of A-1, he made a reference to the Sessions Judge, Gulbarga, for transfer of that case to some other Court for enquiry. The learned Sessions Judge passed an order transferring the case to the file of the Munsiff-Magistrate, Sedam. The Munsiff-Magistrate, Sedam, committed the accused to Sessions for trial. The accused-respondents stand their trial before the Sessions Judge, Gulbarga for offences under sections 395, 452 read with 149, Indian Penal Code. When the trial commenced on 27th July, 1967 and a witness was examined for the prosecution, the petitioner who was being examined as P.W. 2 presented an applica









































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