ALUVA BALAIAHGARI CHANDRA REDDY Vs. REVENUE INSPECTOR RAJAMPET

JUDGEMENT

(1.) This petition under Section 482, Cr.P.C. is directed against the proceedings under section 107, Cr.P.C. initiated by the Sub-Divisional Magistrate, Rajampet, in M.C. No. 24 of 1979. The petitioner is the sole accused in the case.

(2.) The facts of the case are few and they are : The Revenue Inspector, Rajampet, submitted a report to the Tahsildar, Rajampet, alleging that he was slapped on his cheek by the petitioner in the Taluk Office, Rajampet, on 4-10-1979 at about 8.50 a.m. in the presence of the members of the staff. Under the letter dated 7-10-1979, the tahsildar forwarded the report of the Revenue Inspector to the Sub-Inspector of Police, Rajampet, and the same was received by the Sub-Inspector on 9-10-1979. The Sub-Inspector, Rajampet, thereupon registered a case under section 353, I.P.C. against the petitioner. While the Sub-Inspector was investigating into the case, the Revenue Inspector submitted a petition on 28-10-1979 to the Assistant Collector, Rajampet, reiterating the allegations in his report to the Tahsildar about the alleged assault on 4-10-1979 and further stating,

(3.) Sri V. Rajagopala Reddy, the learned Counsel for the petitioner, submits that all that was alleged against the petitioner is a mere assault on 4-10-1979 and that this solitary act has already been reported to the police and while the same is under investigation, it is an abuse of the powers of the Sub-Divisional Magistrate in favour of his subordinate to institute proceedings under section 107 Cr.P.C. on the basis of the very same allegation of simple assault on one occasion. The learned Additional Public Prosecutor, on the other hand, contends that the Sub-Divisional Magistrate has jurisdiction to take action under section 107, Cr.P.C. once he is satisfied that a person is likely to commit a breach of the public peace and that the preliminary order passed by him under Section 111, Cr.P.C. being quite in order, it is not a fit case for High Courts interference under Section 482, Cr.P.C.