BENGALURU:
When two cases arise as a case and counter case from the same incident, both of them have to be tried by the same court together, the High Court of Karnataka has said. Allowing a petition filed by a doctor, the High Court transferred a case pending in a lower court to another court where a related case was being tried.
”Settled principles of law in deciding the case and counter case has not been disputed by the learned counsel for respondent. In plethora of judgments it is held that a case and counter case have to be tried together by the same court irrespective of the nature of offence involved. The rationale behind this is to avoid conflicting judgments over the same incident. That being so, the prayer made by the learned counsel for the petitioner in this petition requires to be allowed,” the High Court said transferring one of the two cases pending in lower courts.
The two related cases were pending before the II Additional Chief Metropolitan Magistrate and the LXX Additional City Civil and Sessions Judge Courts in Bengaluru.
Dr Sanjeev Kumar Hiremath had filed a complaint against Dr Raghavendra in Jayanagar police station. A chargesheet has been filed by the police in the case and it is pending in the Magistrate Court.
Dr Raghavendra had filed a complaint against Dr Sanjeev Kumar Hiremath regarding the same incident that happened on July 10, 2017 in the same police station.
This case which also includes allegations under the SC/ST Atrocities Act is pending before a Sessions Court.
Dr Sanjeev Kumar Hiremath approached the High Court after his application before the Session Court seeking the transfer of his case before the Magistrate Court to the Sessions Court was rejected.
The Sessions Judge, however, ruled that the Section 408(1) of the Criminal Procedure Code gives the Sessions Judge power to transfer a case pending in one criminal court to another criminal court in his Sessions Division, but does not give power to Sessions Court to call for a case to that Court from the Magistrate Court without formal committal. It is in this backdrop that Hiremath approached the High Court.
Allowing his petition Justice Mohammad Nawaz of the High Court said, ”In the case on hand, it is not in dispute that both the cases, one which is pending before the learned Magistrate and one which is pending before the Special Court arises out of a case and counter case.” In such situations, the High Court said the Supreme Court’s judgment in Nathi Lal Vs State of UP must be adopted.
Quoting it, the High Court said, ”The fair procedure to adopt in a matter like the present where there are cross-cases, is to direct the same learned judge must try both the cross-cases one after the other.” PTI
