THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.537 OF 2011 ORDER: 1 This revision is directed against the order dated 29.01.2011 passed in Crl.M.P.No.1589 of 2010 in unnumbered Criminal Appeal of 2010 by the learned Sessions Judge, Guntur. 2 Brief facts are that the petitioner and two others were alleged to have committed offences punishable under sections 364, 307 and 394 r/w 34 of IPC. The trial court, after a detailed trial, found all the accused guilty of the said offences and accordingly sentenced them to suffer rigorous imprisonment for a period of six years for each of the said offences punishable under sections 364, 307 and 394 r/w 34 of IPC. It appears the first accused in the said case preferred Criminal Appeal N.96 of 2010 and the same was dismissed by the Sessions Judge, Guntur and aggrieved thereby the said accused preferred Criminal Revision Case No.705 of 2010 before this court. Against the said judgment passed by the trial court convicting and sentencing them for the said offences the petitioner who is the third accused and the second accused also preferred Criminal Appeals. The appeal preferred by the second accused was numbered as Criminal Appeal No.274 of 2010 on the file of the Court of the Sessions Judge, Guntur and on an application filed seeking transfer of the said appeal, the same was withdrawn from the file of the Sessions Court and was transferred to this court and re-numbered as Transfer Criminal Appeal No.1371 of 2010. 3 As there was a delay of 218 days in filing the present appeal, the petitioner filed an application to condone the said delay and the same was numbered as Crl.M.P.No.1589 of 2010. During the pendency of the said petition to condone the delay, the petitioner approached this court and filed Tr.Crl.P.No.279 of 2010 requesting this court to transfer the said appeal filed by him before the Sessions Court, Guntur along with the said petition i.e. Crl.M.P.No.1589 of 2010 and this court by order dated 06.12.2010 allowed the said transfer application and withdrew the said appeal from the file of the court of the Sessions Judge, Guntur and transferred the matter to this court to be heard along with Crl.R.C.No.705 of 2010, which was filed by the first accused and Tr.Crl.A.No.1371 of 2010, which was preferred by the second accused. However, as the said fact was not brought to the notice of the learned Sessions Judge, he heard the said petition to condone the delay i.e. Crl.M.P.No.1589 of 2010, but, however, dismissed the same, by order dated 29.01.2011. The same is questioned in this revision. 4 From the facts it is clear that this Crl.M.P.No.1589 of 2010 as well as the unnumbered criminal appeal preferred against the judgment in Sessions Case No.705 of 2009 are already transferred by this court on 06.12.2010 and as such the order passed by the learned Sessions Judge at Guntur is unwarranted. Of course, before he passed the said order, the said factum of transfer of the appeal to this court was not brought to the notice of the Sessions Judge. In those circumstances, the said order dated 29.01.2011 is liable to be set aside as the said Criminal Appeal including the Crl.M.P.No.1589 of 2010 is transferred to this court by order dated 06.12.2010 of this court. 5 Accordingly this revision is allowed and the order dated 29.01.2011 passed by the learned Sessions Judge, Guntur in Crl.M.P.No.1589 of 2010 is hereby set aside. The learned Sessions Judge is hereby directed to transfer all the papers in connection with Crl.M.P.No.1589 of 2010 and the unnumbered Criminal appeal preferred by the petitioner to this Court. -------------- 01.03.2011 Kvsn