RAJAGOPALA AYYANGAR Vs. STATE

JUDGEMENT

(1.) THIS is a revision by the accused against the order of the Second Class Magistrate, Mannargudi, in C.C. No. 1080 of 1953 converting the Calendar Case into a Preliminary Register Case under Section 347(1), Criminal Procedure Cod. The petitioner was charged for abetment of criminal breach of trust, an offence punishable under Section 408, read with Section 109, Indian Penal Code. It is in respect of the disposal of certain bags of paddy said to be worth about Rs. 6000. The police charge -sheeted the accused for the said offence.

(2.) WHILE the Assistant Public Prosecutor was conducting the prosecution, P.W. 2, whose paddy is said to be the subject of this offence, filed a petition on 13th September, 1954, stating therein -

(3.) IN the circumstances, and for the reasons given already, I set aside the order of the Sub -Magistrate converting this case into a Sessions Case and direct him to dispose of the case on the original charge framed by him. If he still feels that a higher punishment should be inflicted, he can forward the records to the Sub -Divisional Magistrate under Section 349(1) Criminal Procedure Code.