VADLAMUDI KUTUMBA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition to revise the Order d/- 5-2-1960 passed by die Judicial Second Class Magistrate, Avanigadda in Cri. M. P. No. 14 of 1960 in p. R. C. No. 8 of 1953 on his file.

(2.) The relevant facts of the case are briefly as follows;

(3.) The Deputy Registrar of Co-operative Societies filed a complaint dated 20-6-1955 against Vadlamudi Kutumba Rao, the petitioner herein, to the effect that the latter, as the President of a Co-operative Society, had committed an offence of criminal breach of trust punishable under Section 409 I. p. C. The Sub Inspector of Police, Pamarru registered a crime under Section 409 I. P. C.After investigation, he filed a charge-sheet against eighteen accused under Sections 120-B, 409, 467, 468, 471 and 193 I. P- C. Of these accused, Vadlamudi Kuntumba Rao is A-1 and was charged as the ex-President of the Co-operative Marketing Society, Pedamukthevi and A-2 to A-5 were charged as ex-Directors of the same society. The learned Magistrate took the case on file under various sections as a Preliminary Register Case and held preliminary enquiry. The examination-in-chief of P. W. 1 was over and the case was taken up on 18-1-1960 for the cross-examination of P. W. 1. Then, A-l put in a petition requesting the Magistrate to adopt the following courses : 1. To order re-investigation of the case, under Section 155 (2) Cr. P. C. on the ground that the investigation was perfunctory. 2. If he did not follow the first course, to commence the inquiry into the case according to the procedure laid down under Section 208 Cr. P. C. 3. If he did not follow the second course, then split up the charge-sheet into two, one in respect of section 409 I. P. C. and the other in respect of the other offences which were non-cognizable and to inquire into the latter offence under Section 208 Cr. P. C. and to forward the case under Section 409 I. P. C. for disposal to the First Class Magistrate having jurisdiction. The learned Magistrate dismissed the petition observing thus :