ORDER

This Crl.M.C. has been filed challenging Annexure-A5 order dated 10.12.2018 in C.M.P.No.2997/2018 in C.C.No.682/2010 passed by the Judicial First Class Magistrate-I, Attingal (for short 'the court below').

2. The petitioner is the 2nd accused in C.C.No.628/2010.

He is the de facto complainant in C.C.No.682/2010. The respondents 2 and 3 herein are the accused Nos.1 and 2 in C.C.No.682/2010. Both cases are case and counter case.

3. C.C.No.628/2010 and C.C.No.682/2010 were pending at the court below. C.C.No.628/2010 was already transferred to the Sessions Court (Special Court), Thiruvananthapuram on the ground that one of the injured is a minor and it is pending at the said court. Since C.C.No.682/2010 is a counter case to C.C.No.628/2010, the petitioner herein filed C.M.P.No.2997/2018 at the court below to commit the said case to the Sessions Court (Special Court), Thiruvananthapuram invoking Section 323 of the Cr.P.C.

4. The court below after hearing both sides dismissed C.M.P.No.2997/2018 as per Anneuxre-A5 order. The said order is under challenge in this Crl.M.C.

5. I have heard Sri.M.Dinesh, the learned counsel for the petitioner, Sri.P.Pushparajan, the learned counsel for the