STATE OF A P Vs. K PAPA RAO

JUDGEMENT

(1.) This Criminal Petition filed under Section 482 Cr.P.C. raises an important question of law as to whether dropping of criminal proceedings amounts to an acquittal.

(2.) The State has filed a revision against the order passed by the court of Sessions, Medak rejecting the revision filed as not maintainable on the ground that the dropping of proceedings by the court of Magistrate amounts to an acquittal and as such an appeal has to be preferred under Section 378 Cr.P.C. against acquittal.

(3.) Criminal prosecution was launched against the respondents herein for the offences punishable under Sections 323 and 504 IPC and the proceedings were initiated on the complaint lodged by one Mr. Narsing Rao, Advocate, stating that he was abused by the respondents in filthy language and that he was beaten with hands on face at bus stand. The police after investigating the case, filed a charge-sheet against the accused under Sectiions 147, 323 and 504 IPC. The Court of Magistrate issued summons and after that the accused appeared and filed a petition under Section 239 Cr.P.C. for discharging them contending that no offence look-place and that the material placed before the court did not reveal any offence committed by them. The court of Magistrate after hearing the parties and perusing the contents of the FIR and Section 161 statements recorded by the Police concluded that " no offence was disclosed and charges, if framed, will result in unnecessary harassment to the petitioners-accused, whose liberty may be put to jeopardy for nothing. " Saying so, the court of Magistrate has dropped the proceedings, but employed the words "the material before the court does not disclose any element of chance to frame the charge against accuses Nos. 1 and 2 under Sectioins 323 and 504 IPC and in the result, petition is allowed and Accused Nos. 1 and 2 are acquitted.