THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1961 of 2011 ORDER: Aggrieved by order dated 16.08.2011 passed by the Judicial Magistrate of First Class, Mylavaram, in C.F.No.1791 of 2011, whereby the complaint filed by the complainant-Patibandla Borraiah, under Sections 190 (1) (a) and 200 of Cr.P.C., against the accused/petitioners herein was taken on file under Sections 341, 307 read with Section 34 of IPC, the petitioners filed the present Criminal Revision Case. Heard. Learned counsel for the petitioners submitted that on the selfsame allegations made against the petitioners in the present private complaint, the son of the complainant/1st respondent herein already gave a police complaint as long back as on 04.06.2010 before Reddigudem P.S., and the same was registered as Crime No.47 of 2010 under Sections 307, 324 and 341 read with Section 34 IPC. Further, on the same day i.e., on 04.06.2010, A-3/petitioner No.3 herein gave a police complaint before Reddigudem P.S., against the complainant herein and his son alleging that they beat his brother Hanumantha Rao causing bleeding injury on his head, and the same was registered as Crime No.48 of 2010 under Sections 307 and 324 read with Section 34 IPC. After completion of investigation, the Investigating Officer filed charge sheets in both the crimes; and Crime No.47 of 2010 was numbered as C.C.No.93 of 2010 on the file of Judicial Magistrate of First Class, Mylavaram, and Crime No.48 of 2010 was numbered as S.C.No.83 of 2011 on the file of District & Sessions Judge, Vijayawada, and they are pending. Learned counsel for the petitioners further submitted that during the course of investigation in Crime No.47 of 2010, it was found that A1, A2, A4, A5, A7 and A8 were not present at the time of incident and the wound certificate also disclosed that the injuries of the complainant were simple in nature, therefore, the names of A1, A2, A,4, A5, A7 and A8 were deleted from the list of accused in Crime No.47 of 2010 and Sections 307 and 341 were also deleted, and aggrieved by the said deletion, instead of filing a protest petition either by the 1st respondent or his son, the present private complaint is filed and the trial Court, on the basis of the statements of the complainant and his kith and kin, without referring the matter to the police has straight away taken the complaint on file under Sections 341 and 307 read with Section 34 IPC against the petitioners, by the impugned order dated 16.08.2011 in CF.No.1791 of 2011, which is contrary to law and amounts to double jeopardy under Article 20(2) of the Constitution of India. Perused the impugned order and other material placed on record. The present private complaint, which appears to be in the nature of protest petition, is taken on file, after examination of the complainant and his witnesses, and the petitioners/A-1 to A-8 are summoned to the Court by the impugned order. Taking into consideration of the facts and circumstances of the case, this Court is of the view that the following order will settle the issue: “The present private complaint is directed to be committed to the Court of District & Sessions Judge, Vijayawada, after appearance of the petitioners/A-1 to A-8 before the Judicial Magistrate of First Class, Mylavaram, and on receipt of the committal order, the learned Sessions Judge, Vijayawada, is directed to transfer the present case, C.C.No.93 of 2010 on the file of Judicial Magistrate of First Class, Mylavaram, by calling the same from the concerned Court, and S.C.No.83 of 2011 pending on his file to one Court and the Court to which these three cases would be transferred is directed to conduct trial and dispose of all these three cases simultaneously.” With the above directions, this Criminal Revision Case is disposed of. ____________________ JUSTICE RAJA ELANGO 21.09.2011 v v