K SRINIVASULU Vs. STATE OF A P

JUDGEMENT

(1.) The petitioners assail the order dated 6-8-2001 passed by the learned VII Additional Munsif Magistrate, Guntur in Crl.M.P. No. 1594 of 2001 in C.CN.o. 255 of 2000.

(2.) The petitioners are accused Nos. 1 to 7 in the said case filed by the Sub-Inspector of Police, Pattabhipuram Law and Order P.S. on 19-8-2000. On a report lodged by the de facto-complainant viz., the wife of the first petitioner, a crime has been registered against them and eventually charge-sheet was filed before the Court. Pursuant to the summons issued by the Court, all the accused appeared before that Court. They filed Crl.M.P. No. 1594 of 2001 under Section 239 Cr.P.C. requesting the Court to discharge them. It appears that they also filed an application in Crl.M.P.No. 1595 of 2001 for permitting one of them to represent the others before the Court during the course of trial. The learned Magistrate dismissed both the applications after hearing either side. As aforesaid, petitioners are now assailing the impugned order passed in Crl.M.P.No. 1594 of 2001.

(3.) In the impugned order, the learned Magistrate observed that at that stage what the Court obliged to see was the prima facie case that could be gathered from out of the averments made in the FIR., charge-sheet or other documents filed or annexed to the charge-sheet. After having thus perused the necessary documents filed by the prosecution, the learned Magistrate was satisfied that prima facie case has been made out against the petitioners and in that view of the matter he dismissed the petition.