THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 9729 of 2010. ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to direct the IV Additional Sessions Judge (FTC), Gooty, Ananthapur District to stay the trial of S.C.No. 514 of 2009 till committal of C.F.No. 12464 of 2009 on the file of the Judicial First Class Magistrate, Ananthapur. I have heard Sri.Padmanabha Reddy, learned Senior Counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the State. In an incident that occurred on 2.2.2006 at about 7.40 p.m. at Maddipalli cross-roads of Ananthapur District two persons were killed and that on the report lodged by the petitioner herein with the police, Putlur showing the name of one K.Pedda Reddy as A.1 along with others, a case in Cr.No. 2 of 2006 under Sections 147, 148, 302 r/w 149 IPC and under Sections 3 and 5 of Explosives Substance Act was registered and the police after investigation filed charge sheet against the respondents 1 to 17 and deleted the name of the said K.Pedda Reddy on the ground that he did not involve in the alleged incident. In protest thereof, the petitioner herein filed a private complaint before the concerned Magistrate alleging that he (K.Pedda Reddy) is also one of the persons responsible for the murder of two persons and the said private complaint is numbered as C.F.No. 12464 of 2009 and that while the learned Magistrate is recording the statements of witnesses, the said K.Pedda Reddy filed Crl.P.No. 5873 of 2010 seeking to quash the proceedings in C.F.No. 12464 of 2009 and obtained stay orders. The learned Senior Counsel for the petitioner submits that the charge sheet which was filed against the respondents 1 to 17 is committed to the Court of Sessions and it is numbered as S.C.No. 514 of 2009 and the same is pending before the learned IV Additional Sessions Judge (FTC), Gooty, Ananthapur District for trial. The learned Counsel would further submit that the as this Hon’ble Court granted interim stay in the criminal petition filed by the said K.Pedda Reddy, the learned IV Additional Sessions Judge, Gooty is insisting to proceed with trial of S.C.No. 514 of 2009 and that since the Sessions Case and C.F.No. 12464 of 2009 arise of the very same incident, it is just and reasonable to try both the cases together by following the procedure contemplated under Section 210 Cr.P.C. Today, I have dismissed the Crl.P.No. 5873 of 2010 filed by the said K.Pedda Reddy and also vacated the interim stay granted by this Court in the said criminal petition. Since the Sessions Case and the private complaint (C.F.No. 12464 of 2009) filed against the said K.Pedda Reddy arise out of the very same incident and if the learned Magistrate takes cognizance of the case against the said K.Pedda Reddy, the same has also to be committed to the Court of Sessions and has to be tried along with S.C.No. 514 of 2009 as per the procedure contemplated under Section 210 Cr.P.C., to meet the ends of justice and also to avoid procedural technicalities, I am of the view that this petition merits consideration to grant stay as prayed for. Accordingly, there shall be stay of trial of S.C.No. 514 of 2009 on the file of the IV Additional Sessions Judge (FTC), Gooty till committal of C.F.No. 12464 of 2009 on the file of the Judicial First Class Magistrate, Ananthapur. The criminal petition is allowed. _____________________ R.KANTHA RAO,J 04.10.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 9729 of 2010. ORDER: DT. 04.10.2010.