Case Note & Summary
The petitioners, who were the complainants in S.C. No.162/2013 pending before the Sessions Court, Shimoga, filed a petition under Section 482 CrPC seeking quashing of an order dated 18.04.2013 passed by the Principal Sessions Judge, Shimoga, in Crl.Misc. No.192/2013. By that order, the Sessions Court transferred the proceedings in Crime No.41/2012 (registered as C.C. No.105/2013) to the Court of District and Sessions Judge, Shimoga. The petitioners had originally filed a complaint in Crime No.41/2012 alleging offences under Sections 323, 324, 355, 504, 506 read with Section 34 IPC and under Section 3(1)(x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act). The case was investigated by Sagar Rural Police and subsequently committed to the Sessions Court, Shimoga, and registered as S.C. No.162/2013. The 2nd respondent (accused) had also filed a counter-complaint in Crime No.40/2012 for offences under Sections 323, 324, 504 read with Section 34 IPC, which was registered as C.C. No.105/2013. The Sessions Court, while passing the impugned order, transferred the case to the District and Sessions Judge, Shimoga, purportedly on the ground that the offence occurred outside its territorial jurisdiction. The High Court examined the legality of this order. The Court held that under Section 228 CrPC, after committal, the Sessions Court has only two options: either to discharge the accused or to frame charges. It has no power to transfer the case to another court on the ground of lack of territorial jurisdiction. The proper course would have been to proceed under Section 228 CrPC or, if transfer was necessary, to approach the High Court. Consequently, the High Court allowed the petition, quashed the impugned order, and directed the Sessions Court to proceed with S.C. No.162/2013 in accordance with law.
Headnote
A) Criminal Procedure Code - Transfer of Cases - Section 228 CrPC - Jurisdiction - Sessions Court cannot transfer a case after committal on ground of lack of territorial jurisdiction - The Sessions Judge, after committal, can only either discharge the accused or frame charges; transfer is not within its powers - Held that the order transferring the case was without jurisdiction and liable to be quashed (Paras 3-4).
B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Jurisdiction - Section 3(1)(x)(xi) - Territorial Jurisdiction - Once a case is committed to the Sessions Court under the Act, the Sessions Court cannot transfer it to another court on the ground that the offence occurred outside its territorial jurisdiction - The proper remedy is to proceed under Section 228 CrPC or seek transfer from the High Court - Held that the impugned order was illegal (Paras 3-4).
Issue of Consideration
Whether the Sessions Court had jurisdiction to transfer a case committed to it under the SC/ST Act to another court on the ground of lack of territorial jurisdiction.
Final Decision
The High Court allowed the petition, quashed the order dated 18.04.2013 passed in Crl.Misc. No.192/2013 by the Principal Sessions Judge, Shimoga, and directed the Sessions Court to proceed with S.C. No.162/2013 in accordance with law.
Law Points
- Jurisdiction of Sessions Court under Section 228 CrPC
- Transfer of criminal cases
- Scope of Section 482 CrPC
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- 1989
Case Details
2014 LawText (KAR) (03) 35
Sri Mahesh B.J for petitioners, Sri B.J.Eswarappa, HCGP for R1
Sri. Sathyanarayana, Smt. Lakshmi, Miss. Sahana @ Shoba, Sri C. Sandeepa
The State by Rural Police Station, Sagar, and Sri. Praveen Kumar
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Nature of Litigation
Criminal petition under Section 482 CrPC seeking quashing of an order transferring a case from Sessions Court to another court.
Remedy Sought
Petitioners (complainants) sought to set aside the order dated 18.04.2013 passed by the Principal Sessions Judge, Shimoga, in Crl.Misc. No.192/2013 transferring the proceedings.
Filing Reason
The Sessions Court transferred the case to the District and Sessions Judge, Shimoga, on the ground of lack of territorial jurisdiction, which the petitioners contended was without jurisdiction.
Previous Decisions
The Sessions Court passed the impugned transfer order on 18.04.2013 in Crl.Misc. No.192/2013.
Issues
Whether the Sessions Court had jurisdiction to transfer a case committed to it under the SC/ST Act to another court on the ground of lack of territorial jurisdiction.
What is the scope of Section 228 CrPC after committal?
Submissions/Arguments
Petitioners argued that the Sessions Court had no power to transfer the case after committal; the only options under Section 228 CrPC are to discharge or frame charges.
Respondent State supported the transfer order.
Ratio Decidendi
After committal, the Sessions Court has no power to transfer a case to another court on the ground of lack of territorial jurisdiction. Under Section 228 CrPC, the Sessions Court can only either discharge the accused or frame charges. Any transfer must be sought from the High Court.
Judgment Excerpts
Petitioners, complainants in S.C. No.162/2013 pending on the file of Sessions Court, Shimoga, have come up in this proceeding seeking quashing of the order dated 18.04.2013 passed in Crl.Misc. No.192/2013, wherein the Sessions Court, Shimoga, passed an order in transferring the proceedings in Crime No.41/2012, now registered as C.C. No.105/2013, to the Court of District and Sessions Judge, Shimoga.
Admittedly, petitioners herein filed a complaint in Crime No.41/2012 alleging that 2nd respondent herein and others have committed offences punishable under Sections 323, 324, 355, 504 and 506 read with Section 34 of IPC and also under Section 3(1)(x)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The Sessions Court, after the case is committed to it, has only two options, either to discharge the accused or to frame charges. It has no jurisdiction to transfer the case to another court on the ground that the offence is committed outside its territorial jurisdiction.
In that view of the matter, the impugned order is liable to be set aside and the matter is required to be remitted back to the Sessions Court to proceed in accordance with law.
Procedural History
The petitioners filed a complaint in Crime No.41/2012 for offences under IPC and SC/ST Act. After investigation, the case was committed to the Sessions Court, Shimoga, and registered as S.C. No.162/2013. The 2nd respondent filed a counter-complaint in Crime No.40/2012, registered as C.C. No.105/2013. The Sessions Court, by order dated 18.04.2013 in Crl.Misc. No.192/2013, transferred the proceedings to the District and Sessions Judge, Shimoga. The petitioners challenged this order before the High Court under Section 482 CrPC.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 228, 482
- Indian Penal Code, 1860 (IPC): 323, 324, 355, 504, 506, 34
- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(1)(x), 3(1)(xi)
