M.M.Kumar, J.

1. This petition filed under Section 407 of the Code of Criminal Procedure, 1973 (for brevity the Code) seeks transfer of the Complaint case No. 76/1 dated 31-5-2002 titled as Ram Rattan V/s. Jeet Ram to the Court of Additional Sessions Judge, Panchkula. It has further been prayed that the same be tried along with Sessions case No. 17/2 titled as State V/s. Ram Kishan arising out of case FIR No. 7 dated 21-1-2002 Under Section 148/149/323/325/308/326 IPC, P.S. Raipur Rani.

2. The occurrence in both the cases i.e. in the complaint case as well as in the police case is the same but the version given by one party and the other differs. An application for transfer of the complaint case was filed before the Additional Sessions Judge, which was dismissed on 3-4-2003 with the observation that such a request should be made to the Magistrate in the complaint case for commitment of the accused to the Sessions Court. Thereafter, an application for transfer of the complaint was also filed but the same has also been disposed of with the observation that the accused by then had not put in appearance. Both the orders have been placed on record as Annexures P-1 and P-2. It ha