VELAYUDHA MUDALI Vs. STATE

JUDGEMENT

(1.) THE circumstances arising in these four revisions have to be set out briefly in order to understand the point of law raised by Mr. P. 0, Parthasarathi Aiyangar, the learned Counsel for the petitioners.

(2.) O. C. No. 138 of 1946 on the file of the Sub-Divisional Magistrate, Vellore, was the result of a charge against forty accused for vari-Ous offences under the Indian Penal Code. When that was taken up for hearing, six of the aocused were absconding and so the ease was split up against the abacondera and numbered as c. c. No. 207 of 1946. Subsequently, c. o. No, 207 of 1946 was transferred to the Additional First Class Magistrate of Cheyyar at Ranipet and numbered as 0. C No. 74 of 1946. In the meanwhile, the Sub. Divisional Magistrate, Vellore, proceeded with the enquiry against the 34 accu. aed before him in c. c. No. 188 of 1946 and framed charges against them for offences under S3. 147, 448, 427, 435, 335 and 332, Penal Code. Afterwards this case was also transferred to the:. Additional First Class Magistrate of Oheyyar a ( Eanipet and numbered as c. c. No. 73 of 1946. Subsequently, on an application made by the accused in C. C. Nos, 73 and 74 of 1946, they wore clubbed together as one case and intended to be tried as such. The accused again filed an application praying that as a combination of the fifth and sixth charges viz,, those under 'ss. 825 and 832, Penal Code, would constitute the more serious offense under Section 833, Penal Code, exclusively triable by a Court of Session, the calendar cases should be converted into a preliminary register case and proceeded with on that basis, On this petition arguments were heard and an order passed by which 0. c. Nos. 78 and 74 of 1946 were converted into P. B. C. No. 1 of 1946. During the progress of the enquiry in p. B. 0. No. 1 of 1946, the Public Proseoutor applied under Section 494, Criminal P. C, for permission to withdraw the case stating also that the intention was to file separate prosecutions against" the accused differently for various offences. The Court granted the permission for the withdrawal and discharged the accused under Section 494 (a), Criminal P. C.

(3.) THE four cases out of which the above criminal revision oases arise were subsequently filed, in each of which some of the accused in P. B, 0. No. 1 of 1940 have been arraigned against for offences under various provisions of the Penal Code. Thereupon, counsel for the accused took the objection that the result of withdrawal of p. B. 0. No, 1 of 1946 amounted to an acquittal of the aocused for such of the offences as were triable by the Additional First Class Magistrate, such as offences under Sections 147, 418, Penal Code, etc The lower Court has over ruled those objections and the petitioners have sought to revise those orders.