Prabhakar Reddy vs Income Tax Department Through Its Deputy Director Of Income Tax (Inv), Unit -3(3) C.R.Building(Annexe), Queens Road Bengaluru - 560001

Shivashankar Amarannavar, J

Learned counsel for the petitioner is present and prays to transfer this Criminal Revision Petition to the Sessions Court having jurisdiction.

The impugned order passed by the Special Court for Economic Offence, Bengaluru, on the discharge application filed under Section 245 of Cr.P.C by the petitioner has been dismissed. The Court which passed the impugned order is presided by the Judicial Magistrate who is sub-ordinate to the Sessions Court. Proprietary demands that Criminal Revision Petition lies to the Sessions Court even though there is concurrent jurisdiction of this Court to entertain this Criminal Revision Petition.

Hence, this Criminal Revision Petition is ordered to be transferred to the Sessions Court having jurisdiction.

Registry is directed to send records of this Criminal Revision Petition to Sessions Court having jurisdiction.

The proceedings pending before the Special Court in C.C.No.250/2018 are stayed for a period of one month from this day. The Sessions Court after receiving this Criminal Revision Petition records on transfer has to consider the application filed by the petitioner seeking stay of proceedings of the Criminal Case independently.

For the purpose of statistics, this Criminal Revision Petition is disposed of.