DHANARAM Vs. S K ABDUL BASHEER

JUDGEMENT

(1.) This petition under Section 482 Cr.PC seeks directions from this Court to the II Additional Judicial First Class Magistrate, Nellore to proceed with the complaint filed by the petitioners in accordance with the relevant provisions of Criminal Procedure Code.

(2.) It is pointed out by the learned Counsel for the petitioners that the petitioners herein have filed a complaint on 11-1-1999 before the learned Magistrate making allegations of offences under Sections 167, 220, 330, 343, 347 and 364 IPC against the accused therein.

(3.) It appears from the docket endorsement that the learned Magistrate has not recorded the sworn statements of the complainants and directed the matter to be called on 4-2-1999. Thereafter again directed it to be called on 8-2-1999, 19-2-1999, thereafter again on 19-3-1999 without recording the sworn statements of the complainants. Thereafter the case was called again on 13-4-1999. On this day also the learned Magistrate has not recorded the sworn statements of the complainants. Thus the case underwent several adjournments without recording the sworn statements of the complainants till 2-8-1999. On this day also the sworn statements of any of the complainants was not recorded. The matter was adjourned to 21-9-1999. It was on 21-9-1999 that the learned Magistrate has recorded the sworn statements of two of the complainants. The learned Counsel for the petitioners points out that this was done by the learned Magistrate only after the petitioners had filed this petition in this Court on 1-9-1999. While ordering notice in this petition records from the trial Court have been also called for. Thus, the grievance of the learned Counsel for the petitioners is that from 11-1-1999 to 21-9-1999 the sworn statements of the complainants were not recorded by the learned Magistrate.