M. SUBBARAYUDU AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THIS Full Bench has been constituted to decide a fundamental question, which is arising every day, namely, whether and to what extent the Andhra High Court is bound by the decisions of the Madras High Court delivered before 5 -7 -1954.

(2.) THE facts of the case that led to the reference may be briefly stated. The petitioners were the accused in P.R.C. No. 2 of 1953. The Sub -Divisional Magistrate, Dharmavaram, discharged the accused for an offence under S. 395, Penal Code, and converting the case into a Calendar case, directed the accused to be tried for the other offences with which they were charged. In revision, the District Magistrate, Gooty, set aside that Order under Ss. 435 and 436, Criminal P.C. and directed the Sub -Divisional Magistrate to commit the accused to the Court of Session to take their trial for all the offences with which they were charged. The accused have filed this Criminal Revision Petition against that Order.

(3.) THE argument of Mr. Chinnappa Reddy, the learned counsel for the petitioner may be put thus: The binding -nature of the decision of one Court over another depends upon the fact whether both the Courts are Courts of co -ordinate jurisdiction. If so, on a principle of judicial comity, the decision of one Court is binding on another. The Andhra High Court and the Madras High Court are not Courts of co -ordinate jurisdiction, for, the idea of co -ordination implies a concurrent and simultaneous jurisdiction. Whatever may be said about the decisions of the composite High Court between 1 -10 -1953 and 5 -7 -1954, the decisions prior to 1 -10 -1953 are not decisions of a Court of co -ordinate jurisdiction. In any view, the said principle has no application to criminal cases. The Advocate General who appeared as amicus curiae at our request, conceded that the High Courts of Andhra and Madras are not Courts of co -ordinate jurisdiction, but argued that on the principle of stare decisis the decisions of the Madras High Court prior to 5 -7 -1954 should be followed by this High Court. The learned Public Prosecutor, who appeared for the 'State, further contended that the provisions of the Andhra State Act (30 of 1953) would indicate that the law of the Madras High Court which term is wide enough to include Judge -made law, is also binding on the Andhra; High Court.