MUSARA NARAYANA REDDY Vs. KANAKANTI MAL REDDY

JUDGEMENT

(1.) This is a petition filed seeking the quashing of all the proceedings in p. R. C. No. 11 of 1976 on the file of the judicial Second Class Magistrate, Rai- choti,

(2.) One by name Kanakanti Mal reddy laid a complaint before the Sub- inspector of Police, Chinnamandam, alleging that on 2nd January 1976 the petitioners caused injuries to L. Ws. and took away two bags of groundnut and 4 half bags of paddy. The concerned sub-Inspector of police after investigating opined that there was no cognizable case by the poli. e. Not being satisfied with that, Sri Kanakanti Malreddy laid a private complaint in the Court of the judicial Second Class Magistrate, Raichoti, against the petitioners on 12-2-76 under Sections 147, 148, 448, 395 and 324 read with section 149 of the Indian penal Code. As many as 10 witnesses were cited in the complaint filed by malreddy. The sworn statement of the complainant on oath was recorded on 23-2 1976 and L. Ws. 1 to 6 and 10 were examined by the Judicial and 2nd Class Magistrate under Section 202 of the Code of Criminal Procedure on various dates. Ultimately on 12-5-1976 the case was taken on file as P. R. C. No. 11 of 1976 under sections 147, 148, 448, 395 and 324 read with Section i 49 IPC. and non-bailable warrants were issued by the Magistrate.

(3.) Sri Harisesha Reddy, the learned counsel appearing for the petitioner, submitted that the learned Magistrate taking cognizance of the case after examining L. Ws. l to 6 and 10 and without examining the other L. Ws. 7 to 9 is contrary to the mandatory provisions of Section 202 of the Crl. P. C. and as such, the proceedings are liable to be quashed.