MAMIDI HARIHARARAYULU AND ORS. Vs. ANNAVARAPU BANGARAYYA

JUDGEMENT

(1.) THIS civil miscellaneous appeal has been placed on the list, subject to the question of the maintainability of the same being decided.

(2.) THE facts are: Annavarapu Bangarayya, the decree -holder in O. S. No. 115 of 1837, on the file of the District Munsif's Court, Masulipatam, filed an application dated 21 -2 -1951 under Sections 476 and 195, Criminal P.C. in the Court of the District Judge of Krishna praying that the Court may be pleased to sanction and launch prosecution proceedings against the respondents Mamidi Hari Hararayulu, Dora Krishnarao and Kosaraju Venkateswara Rao, who had obstructed the amin of the District Court while he was discharging his duties in effecting attachment of certain movables of the judgment -debtor Mamidi Hari Hararayulu in E. P. No. 316 of 1949 in O. S. No. 115 of 1937. The District Judge had before him the report of the amin and the connected papers. Notice was given to the respondents and the learned Judge heard arguments of the vakils for the petitioner and the arguments of the three advocates for the three respondents. Then he passed the following order:

(3.) THERE can be no doubt that this endorsement of the learned advocate is based on a profound misreading and, if I may say without meaning any offence, non -reading of Sections 476 and 476 -B, Criminal P. C. and Rule 37, Criminal Rules of Practice.