THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.PETITION NO.4716 OF 2010 ORDER: 1 There was an altercation between the petitioners’ group and the respondents’ group during the course of which both parties sustained injuries. In those circumstances, the third petitioner herein gave a report and the same was registered as a case in Cr.No.41 of 2006 by the Station House Officer, Nadendla P.S. Guntur District for the offences punishable under sections 354, 323, 427 r/w 34 of IPC against the respondents 2 to 5 herein. Similarly, on the basis of the report given by respondents 2 to 5 herein, a case in Cr.No.40 of 2006 was registered by the very same Station House Officer for the alleged offences punishable under sections 324 r/w 34 of IPC and under sections 3 (1) (X) of S.C & S.T (Prevention of Atrocities) Act. After investigation in both the crimes, the police filed charge sheets and the charge sheet filed in respect of the report given by the petitioners herein is numbered as PRC No.1 of 2010 and the same is pending committal before the learned Principal Junior Civil Judge, Chilakaluripet. However, after investigation into Cr.No.40 of 2006, the police filed charge sheet only under section 324 r/w 34 of IPC and the same was numbered as C.C.No.83 of 2008 initially. However, on application filed by the respondents 2 & 3 for inclusion of the offence under section 3 (1) (X) of S.C & S.T (Prevention of Atrocities) Act the court below while allowing the said application and including the offence punishable under section 3 (1) (X) of S.C & S.T (Prevention of Atrocities) Act, committed the same to the Court of Session and after committal the same was numbered as S.C.No.59/S/2009 before the learned IV Additional District & Sessions Judge-cum-Special Judge for trial of S.C & S.T (Prevention of Atrocities) Act, Guntur. 2 When the matters are thus pending, the present petition is filed stating that the learned IV Additional District & Sessions Judge-cum-Special Judge for trial of S.C & S.T (Prevention of Atrocities) Act, Guntur is proceeding with the trial of the said S.C.No.59/S/2009, but the learned Principal Junior Civil Judge, Chilakaluripet is not committing the said PRC No.1 of 2010 to the Court of Session and thus they are prejudiced and hence requested this court to direct the learned Principal Junior Civil Judge, Chilakaluripet to commit the said P.R.C.No.1 of 2010 to the court of the learned IV Additional District & Sessions Judge-cum-Special Judge for trial of S.C & S.T (Prevention of Atrocities) Act, Guntur to be tried and disposed of along with S.C.No.59/S/2009 simultaneously as they both are case and counter cases. 3 Though notices are served, the respondents have not chosen to put in their appearance. 4 Heard the learned counsel for the petitioners. 5 In my considered view, this court, can at best, direct the learned Principal Junior Civil Judge, Chilakaluripet to commit the case to the court of Session, but cannot direct the said Junior Civil Judge to commit the said case to a particular court. Ultimately when the matter is committed to Court of Session, it is for the Principal District & Sessions Judge to make over the case as per roster and rules in vogue. If really both the matters are case and counter cases, and are to be tried together simultaneously, and if for any reason the said P.R.C.No.1 of 2010 is made over to some other court other than the court of the learned IV Additional District & Sessions Judge-cum-Special Judge for trial of S.C & S.T (Prevention of Atrocities) Act, Guntur, then the petitioners can as well move an application before the Principal District & Sessions Judge, Guntur for transfer of this case to be tried along with S.C.No.59/S/2009 in a single transaction. 6 Accordingly, this petition is disposed of with a direction to the learned Principal Junior Civil Judge, Chilakaluripet to commit P.R.C.No.1 of 2010 pending before him for committal at the earliest, preferably, within a period of six weeks, to the Court of Session, so that appropriate action will be taken. Till such time, the proceedings in S.C.No.59/S/2009 pending on the file of the court of the learned IV Additional District & Sessions Judge-cum-Special Judge for trial of S.C & S.T (Prevention of Atrocities) Act, Guntur shall be stayed. ________________________________ GOPALA KRISHNA TAMADA, J 20th December 2010 Kvsn