LAWS(APH)-1974-2-6

G VENKATESWARA REDDY Vs. C NARASAMMA

Decided On February 19, 1974
G.VENKATESWARA REDDY Appellant
V/S
C.NARASAMMA Respondents

JUDGEMENT

(1.) This is an application made under section 561-A of the Code of Criminal Procedure to quash the combined order passed by the learned Judicial Second Class Magistrate, Vinukonda in Criminal Miscellaneous. Petition Nos. 161 and 196 of 1972 on his file.

(2.) The facts giving rise to this petition are the following:-Chagamreddy Narasamma, wife of Kotireddy of Udicherla gave a report to the police at Bommarajupally under sections 346, 380 and 366, Indian Penal Code against her husband's brother Chagamreddy Venkateswara Reddy and another person Ganigipenta Siva Reddy. A case was registered by the said police and in the course of investigation the police recovered all the property referred to in the report (about ten heads of cattle) and they handed them over to a mediator by name Sri Nalagangula Koti Reddy of Udicherla. Two of the She-buffaloes delivered ten days prior to the date of petition and according to the allegations of Narasamma the mediator and the accused were colluding with each other and were trying to make the property disappear and thus cause loss to her. She therefore prayed that the learned Magistrate may direct the delivery of the cattle seized by the police to her as she is entitled to the possession and ownership thereof. She undertook to produce the said cattle before Court as and when she is so directed, The petition filed by Narasamma for that purpose is Cr.M.P. No. 161 of 1972 under section 523, Criminal Procedure Code.

(3.) Chagamreddy, Venkateswara Reddy aforesaid, filed Cr.Mis. P. No. 196 of 1972 stating that he was implicated as an accused in Crime No. 30 of 1972 of Bommarajupally police station on a false report given by aforesaid Narasamma against him and another, that the ten cattle mentioned in the report did not belong to her, but they belonged to him alone, that the police have created a false mediator and handed the cattle to Sri N. Koti Reddy of Udicherla, that since she has applied by a petition seeking the delivery of the cattle to her he is also filing this petition for delivery of the cattle to him and that he undertakes to produce the cattle whenever required to do so and therefore prayed that the cattle may be delivered to him.