BAGADI NARASINGA RAO Vs. KINJARAPU VARAPRASAD

JUDGEMENT

(1.) The petitioner submitted a complaint to the Court of Judicial Magistrate of Fir st Class, Kotabommali, against A-l to A-51, alleging that on 12-7-2001 when the election to the office of the MPTC, Harish Chandrapuram Mandal Parishad, was in progress, the accused formed into unlawful assembly holding stout sticks and country bombs, entered into the polling booth and hurled two such bombs. It was alleged that at the instigation of A-l, A-3 to A-5 again hurled country bombs in order to commit murder of the Complainant. The petitioner further alleged that on account of these acts of the accused, the voters in the queue ran away and his polling agent was dragged out.

(2.) The trial court recorded the statements of P.Ws. 1 and 2. On not being satisfied that there exists a prima facie case, it dismissed the complaint through its order dated 5-12-2001. Hence, this revision.

(3.) The learned counsel for the petitioner submits that the trial court proceeded as though it was necessary for the petitioner herein to establish the case or prima facie case at that stage and since it was not established, the Complaint was dismissed. He submits that at the stage of taking cognizance of the offence, the Court was required to examine as to whether the material before it disclosed prima facie case and the question of proving and establishing any case at that stage by the petitioner does not arise.