TIRUMALASETTI TULASI BAI Vs. STATE

JUDGEMENT

(1.) THE order dated 20. 8. 2002 in Crl. M. P. No. 590/2002 passed by the learned Sessions Judge is the subject-matter of this petition.

(2.) IN a complaint registered under Section 498-A, I. P. C, petitioners herein moved an application for anticipatory bail under Section 438, Cr. P. C. in Crl. M. P. No. 590/2002. The said application was first made over to the Court of 1st Additional Sessions Judge for disposal according to law. It is stated that the learned 1st Additional Sessions Judge, without passing any orders on the petition, initiated counseling proceedings between the parties and the de facto complainant. It is stated that since the counseling did not fructify the learned Sessions Judge had withdrawn Crl. M. P. No. 590/2002 to his file from the Court of the 1st Additional Sessions Judge and at the time of hearing of the bail petition the learned Sessions Judge, without disposing the case on merits, by his order dated 28. 8. 2002 directed the parties to approach Lok Adalat for settlement of their differences. It is that order that is being challenged in this petition.

(3.) THE contention of the learned Counsel for the petitioner is that since the offence under Section 498-A, I. P. C. is not compoundable, Lok Adalat has no jurisdiction to decide the case and hence the order of the learned Sessions Judge referring the bail petition to Lok Adalat is improper. Heard the learned Public Prosecutor.