PARANJOTHI UDYAR Vs. STATE

JUDGEMENT

(1.) CRI. M. P. No. 2841 of 1974 has been filed by the petitioners, namely, accused 1 to 4, 7, 9, 10 to 14, 17, 18, 20, for transfer of S. C. No. 67 of 1974 from the file of Assistant Sessions Judge, Ramanathapuram at Devakottai to the file of any other court of competent jurisdiction within the District or at Madurai. Cr. M. P. No. 3130 of 1974 has been filed to quash the order of the committal made In P. R. C. No. 3 of 1974 on the file of the Court of Judicial Second Class Magistrate, Karaikudi.

(2.) I shall first take up Cr. M. P. No. 3130 of 1974. This petition has been filed by the aforesaid accused to quash the committal proceedings on the main ground that the Judicial Second Class Magistrate, Karaikudi, has not followed the procedure laid down under new Code of Criminal Procedure (hereinafter called 'the Code') in cases of private complaints and, therefore, the committal; was illegal.

(3.) THE facts of the case are these: One Muthana Kone, the second respondent herein, filed a private complaint before the District Magistrate, Devakottai on 5-2-1974 alleging that the petitioners herein and six others trespassed into his land at Sattanendal Patti Village on 30-1-1974 and unlawfully cut and removed his paddy crops therein and committed' offences falling under Sections 147, 148, 447, 379 and 506 (2), Criminal Procedure Code. The learned District Magistrate took the ease on. falls under Section 395 read with 58, Indian Penal' Code after recording the swnrn statement of the complainant and transferred the case to i the file of the Judicial Second Class Magistrate, Karaikudi.