THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2334 of 2010 Dated:04.06.2010 Between: Pedda Govinda Reddy, And others. …Petitioners And State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court of A.P., Hyderabad, And others. …Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2334 of 2010 ORDER: The petitioners who are the accused in C.C.No.153 of 2008 are questioning order dated 05.02.2010 passed by the Judicial Magistrate of the First Class, Rayadurg, Anantapur District, by which the lower Court committed C.C.No.153 of 2008 to the Court of Session, Anantapur, for trial along with S.C.No.633 of 2009 pending on the file of Assistant Sessions Judge, Anantapur. No doubt, C.C.No.153 of 2008 is relating to an offence punishable under Section 323 I.P.C which is triable by any Magistrate and which is not exclusively triable by a Court of Session. But, the lower Court felt that C.C.No.153 of 2008 and P.R.C.No.9 of 2008 which was renumbered as S.C.No.633 of 2009 arose out of one and the same transaction and that they are case and counter to each other. Even though there is no offence which is exclusively triable by the Court of Session in C.C.No.153 of 2008, the Magistrate took the step because counter case is committed to the Sessions Court. The Magistrate exercised the power having regard to reported decisions of the Supreme Court quoted in his order. I do not find any illegality or irregularity or impropriety in the order passed by the lower Court. The lower Court is justified in committing C.C.No.153 of 2008 to the Court of Session having regard to all the circumstances of the case. Hence, the petition is dismissed. ____________________________________ (SAMUDRALA GOVINDARAJULU, J) 04.06.2010 vs