PALAPARTI APPANNA Vs. PALAPARTI KONDA

JUDGEMENT

(1.) This is a reference under section 438, Criminal Procedure Code, by the learned Sessions Judge, Visakhapatnam, recommending the quashing of the order passed by the Sub-Divisional Magistrate, Narasipatnam in M. P. No. 91 of 1972 and M.P. No. 102 of 1972.

(2.) One P. Konda, who will hereinafter be referred to as the petitioner, submitted a petition under section 107, Criminal Procedure Code, against P. Appanna and four others, who will hereinafter be referred to as the respondents, before the Sub-Divisional Magistrate, Narsipatnam, in July, 1971 alleging that the respondents were interfering with the possession of his land situate in the village of Chandrayyapalam in Narsipatnam taluq and there was likelihood of breach of peace. The petition was registered as M. C. No. 11 of 1971. The Sub-Divisional Magistrate forwarded the petition to the police for inquiry and report. After receipt of a report from the police, he issued a preliminary order under section 112, Criminal Procedure Code, on nth September, 1971. The respondents appeared before him and were examined on 16th September, 1971. The case M. C. No. 11 of 1971 was being posted for inquiry from time to time. While so, on 25th May, 1962 the petitioner filed a petition under section 117 (3), Criminal Procedure Code, praying that interim bonds might be obtained from the respondents to keep peace pending disposal of the main case M.C. No. n of 1971. This petition was numberd as M.P. No. 91 of 1972, and after notice to the respondent the same was posted for inquiry. Three witnesses were examined on behalf of the petitioner on 8th June, 1972 and the M. P. No. 91 of 1972, was posted to 22nd June, 1972 for further proceedings. On 22nd June, 1972 the petitioner again filed another petition alleging that the respondents trespassed into his land armed with sticks and obstructed ploughing operations and beat some of his persons and that they even threatened to kill him and the members of his family. The second petition was numbered as M. P. No. 102 of 1972. On receiving this petiton, the Sub-Divisional Magistrate made an endorsement which reads as follows :- " Ask the Circle Inspector to speak to me on this. Notices may be issued to the other parties, posted to P. I." Sd. 22nd June, 1972. (The letters 'P. I.' are evidently are abbreviations for personal inspection).

(3.) On 22nd June, 1972 a notice was sent to the Inspector of Police, Narasipatnam. That note is as follows :