S.S.NIJJAR,J - (1.) THIS petition is filed under Section 482 of the Code of Criminal Procedure for quashing of order dated 6.10.2000 (Annexure P.5) passed by the learned Additional Sessions Judge, Kapurthala and for a direction that case titled "Amrik Singh v. Jarnail Singh" pending in the Court of the learned Chief Judicial Magistrate Kapurthala under Sections 307/326/325/354/355 I.P.C. be clubbed with the case titled "State of Punjab v. Malkiat Singh" arising out of FIR No. 43 dated 13.11.1997 lodged at Police Station Dhilwan under Sections 148/186/333/353/332/379/149 IPC pending in the Court of the learned Additional Sessions Judge, Kapurthala, since both the cases arise from the same incident.
(2.) LEARNED counsel for the petitioner relies on a judgment of the Supreme Court in the case of P.C. Gulati v. Lajya Ram and others, AIR 1966 SC 595 and submits that this Court has the power to transfer the case pending in the Court of a Magistrate to the Sessions Court in the interest of justice. Respondent Nos. 2 and 3 who are Police personnel had been posted at Police post Bhandal Bet, P.S. Dhilwan, District Kapurthala. They had assaulted the petitioner and other villagers under the influence of liquor on 12.11.1997 at around 10.00 p.m. in the area of village Kishan Singh Wala. Instead of proceeding against the accused Police men, FIR No. 43 dated 13.11.1997 has been registered against the petitioner and nine other persons under Sections 353/332/379/386/148/149 IPC and under the Arms Act. The petitioner and other persons were arrested and subsequently released on bail.
(3.) SINCE the Police was not taking any action on the complaint made by the petitioners, they filed the complaint in Court under Sections 307/326/325/354/355 IPC on 15.1.1998 against respondent Nos. 2 and 3. After recording the preliminary evidence, these respondents have been summoned by order dated 9.11.1998. The petitioners made an application before the Additional Sessions Judge, Kapurthala on 8.9.2000 praying that the complaint case titled "Amrik Singh v. Jarnail Singh" be tried along with "State v. Malkiat Singh and others". This application has been dismissed by the learned Additional Sessions Judge, Kapurthala by order dated 6.10.2000, on the ground that the Court has no jurisdiction to direct the Additional Chief Judicial Magistrate, Kapurthala to commit a particular case. The petitioners also moved an application before the Judicial Magistrate First Class, Kapurthala for sending the complaint to the Court of the Additional Sessions Judge to be tried with the cross case. No order has been passed in that application.;