THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No. 8982 OF 2010. O R D E R : This Criminal Petition is filed under section 482 and 483 of Cr.P.C. seeking to direct the Court of Judicial Magistrate of First Class, Palamaneru, Chittoor district to take necessary steps to commit PRC.No. 24 of 2007 along with CFR.No. 1268 of 2007 to the Court of Session, Chittoor, Chittoor district, as expeditiously as possible. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. The offences alleged are under section 120 (B) and 302 IPC involving murder of two individuals and they were reported in the year 2006 and on the report lodged by the defacto complainant a case in Cr.No. 39 of 2006 of Rallabudugur Police Station was registered and investigated into. But charge sheet was laid only against A-1 and thereafter it was numbered as PRC.No. 24 of 2007 on the file of the Court of Judicial Magistrate of First Class, Palamaneru, Chittoor district. However, subsequently it was protested on the ground that the investigation was not properly conducted, therefore, another complaint was filed in Rallabudugur Police Station against seven accused including the accused in PRC.No. 24 of 2007. Earlier in the Criminal Petition filed by A-1, the learned single Judge of this Court directed to commit the case to the Court of Sessions after following the procedure prescribed under the Code of Criminal Procedure. Now the grievance is that in spite of the said direction issued by the learned single Judge of this Court in Criminal Petition No. 329 of 2009, the learned Magistrate has not been evincing any kind of interest and also not taking appropriate steps to commit the said PRC to the Court of Sessions but simply adjourning the PRC.No. 24 of 2007. Considering the facts and circumstances, which have been brought to the notice of this Court by the learned counsel appearing for the petitioner, the attitude of the learned Magistrate in not proceeding with the committal of PRC.No.24 of 2007 is highly deprecated and the learned Judicial Magistrate of First Class, Palamaneru, Chittoor district, is directed to commit PRC.No. 24 of 2007 to the Court of Sessions, Chittoor, Chittoor district as expeditiously as possible, since the offence is exclusively triable by the Court of Sessions. With the above direction, the Criminal Petition is allowed at the stage of admission. JUSTICE R. KANTHA RAO 08/09/2010 I s L THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No. 8982 OF 2010 09-09-2010 I s L