JOHN VELANGANAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These two criminal revision cases are filed under Sec. 397(1) and 401 of CrPC by the accused challenging the orders of the learned trial court in not discharging them from the offence under Sec. 307 IPC.

(2.) Respondent in both the revisions is the state.

(3.) FIR.No.18 of 2017 was registered by Kadapa II Town police station on 7/12/2017 for the offences under Sec. 324, 506 read with 34 IPC. After due investigation, the Sub Inspector of police filed charge sheet stating that in the crime incident three accused are involved. A1 is Smt.John velanganamma and A2 is Sri Mallela Fransis Kumar. The third person who allegedly participated in this crime incident is stated to be Mr.Praneeth who is the son of A1. It is stated that Mr.Praneet is a juvenile in conflict with law and the necessary case would be filed before Juvenile Justice Board, Kadapa. Thus, the charge sheet filed before learned Magistrate was only against A1 and A2. The investigative conclusion of the police indicates that they are required to be prosecuted for the offences under Sec. 324, 307 and 506 read with 34 IPC. It seems the learned Magistrate committed the case since Sec. 307 IPC was exclusively triable by court of sessions. Then, the case was assigned to the learned Principal Assistant Sessions Judge, Kadapa where it was numbered as S.C.No.129 of 2017.