AMAEAYYA Vs. AMARANNA

JUDGEMENT

(1.) The petitioners before this Court are the accused in the Court of the First Classs Magistrate at Menvi in CC No. 134/3 of 1969. Respondent 1 is the complainant. A complaint was filed by Respondent 1 before the Police against the petitioners. After enquiring into the complaint, the police thought that it was a civil dispute and directed the complainant if he thought fit, to file a complaint in the Court. The complainant thereafter filed a complaint before the learnt Magistrate. The learned Magistrate examined the complainant on oath and took cognizance of the case and directed the issue of summons against the accused persons for an offence under Ss.447 and 370 IPC Aggrieved by this order of issuing summons, the petitioners filed a revision before the learned Sessions Judge of Raichur. The learned Sessions Judge dismissed the revision petition.

(2.) This revision is directed against the said order of the learned Sessions Judge. Sri Raikote, learned Counsel appearing on behalf of the petitioners has contended that no prime facte case has been made out against the petitioners for issuing process The matter is only one of civil dispute and the accused cannot be proceeded with for an offence of theft. He has relied on AIR. 1950 Ori.202 and AIR. 1953 MB.79 in support of his contentions.

(3.) Sri Rsikote has also argued that in this case the mandatory provision of sub-clause(1A) of S.204 Crl.P.C. has been violated. The complainant has not given the list of witnesses in his complaint. Sub-sec. (1A) of S.204 Crl.P.C. states that no summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed. It is argued that this is a mandatory provision and the failure to observe this would vitiate the entire proceedings. This amendment to S.204 Crl.P.C. has been introduced by the legislature to safeguard the interests of the accused. In support of his contention, he has relied on Ram Narain v. Bishambarnath, (1961) 1 Cr.L.J 553 Chaturbhuj v. Nahar Khan, AIR. 1958 MB 28. and State of Orissa v. Appa Rao, (1961) 2 Crl.L.J.518.