THIS CRL.P. IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO a) SET ASIDE THE ORDER DATED 24.01.2026 PASSED IN CC.NO.165/2026 (OLD CC.NO.843/2025) ARISING OUT OF CR.NO.8/2025, PENDING BEFORE THE ADDL. SENIOR CIVIL JUDGE AND JMFC (EARLIER ADDL. CIVIL JUDGE AND JMFC) SIRA, TUMAKURU DISTRICT, REGISTERED ON THE COMPLAINT OF THE 2nd RESPONDENT.

THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court seeking following prayer:

" a. Set-aside the order dated 24.01.2026 passed in C.C. No.165/2026 (Old C.C. No.843/2025) (arising out of Crime No.8/2025), pending on the file of the Additional Senior Civil Judge and JMFC (earlier Additional Civil Judge and JMFC) Sira, Tumakuru District, registered on the complaint of the 2nd Respondent;

b. Direct the learned Additional Senior Civil Judge and JMFC (earlier Additional Civil Judge and JMFC) Sira, Tumakuru District, to procee with the trial of in C.C. No. 165/2026 (Old C.C. No.843/2025) (arising out of Crime No.8/2025), registered by the 1st Respondent Tavarekere Police Station, Tavarekere, Sira Taluk Tumakuru Distr on the complaint of the 2nd Respondent.

c. Pass any other order or orders, which this Hon'ble Court deems it and necessary in facts and circumstances of the present case, in the interest of Justice and equity."

2. The petitioners are accused no.1 and 2 who get embroiled in a crime in Crime No.8/2025 which is now registered as C.C.No.843/2025 for several offences which are all triable by the Court of Magistrate. Notwithstanding the same, it is the case of the petitioners that, the subject proceedings are committed to the Court of Sessions. The committal is what is challenged by the learned counsel to the petitioners.

3. The learned counsel submits that all the offences that are alleged against the petitioners are all to be tried by the regular court i.e., the Court of the learned Magistrate and not by the Court of Sessions. Therefore, there is an error in committing the matter to the Court of Sessions.

4. The learned Special Public Prosecutor appearing for the respondent-State would however contend that when it is a case and a counter case, the concerned court has no jurisdiction to try a matter which is to be tried by the Court of Sessions. He would submit that the counter case has offences that are punishable which are to be tried only by the Court of Sessions. In the light of the issue being case and a counter case, the matter is committed to the Court of Sessions. No fault can be found with that.

5. I have given my anxious consideration to submissions made by the respective learned counsel.

6. The issue that is brought before the Court lays in a narrow compass. Whether the offences which are alleged being Triable only by the learned Magistrate be committed to the Court of Session, while in the normal circumstance, it cannot.

7. The issue in the case at hand is case and a counter case. In the counter case, the offence alleged is the one punishable under Section 109 of BNS, 2023/307 of IPC, which is to be tried by the Court of Sessions.

8. In the light of the solitary incident springing into two complaints which becomes a case and a counter case and two charge sheets being filed, the Order of the Concerned Court which commits the counter case also notwithstanding the fact that none of the offences were to be tried to the Court of Session does not warrant any interference only on the score that it is a case and a counter case. Case and counter case must be tried by one solitary court.

9. Therefore, for the said reasons, finding no merit, the petition stands disposed off.

10. In view of disposal of the main petition, pending I.A.No.1/2026 does not survive for consideration and stands disposed off.