ASWATHAPPA Vs. RAMACHANDRAPPA

JUDGEMENT

(1.) The seventeen petitioners before this Court have been committed to the Court of Sessions at, Kolar to take their trial, bv the learned Special First Class Magistate, Chickaballapur. in CCs. No.852 of 1970.

(2.) On a complaint filed by one Ramarhandrappa, aeainst these petitioners alleging that they had committed offences under Ss.143, 147. 148 & 324 read with 149 IPC., the learned Magistrate took cognizance of the case and examined six witnesses on behalf of the complainant. Then, he recorded the statements of the petitioners-accused and heard arguments, and framed charges against them under Ss.143. 147, 148 and 324 read with 149 of the IPC. Thereafer, on the ground that there is a counter-case filed against the complainant's party, the learned Magistrate committed the petitioners' to the Sessions Court for trial so that the case may he tried along with the counter-case that was pending against the complainant's party, relying on a decision of the Madras High Court in (1929) 2 Madras Cr.C.238. While so committing the petitioners-accused for trial, the learned Magistrate stated that in view of the peculiar circumstances of the case he dispensed with the procedure prescribed bv Ss.208. 210. 211 and 212 Cr.P.C. before committing the petitioners for trial. In this petition, the said order of committal passed by the learned Magistrate is challenged.

(3.) The learned Counsel appearing on behalf of the petitioners, contended that the learned Magistrate had no power to dispense with the procedure prescribed by Ss.208, 210, 211 and 212 Cr.P.C. and that these provisions are mandatory, and that the Court is bound to follow them before committing the accused for trial before the Court of Sessions.