STATE OF A.P. Vs. S. LAKSHMINARYANA

JUDGEMENT

(1.) This Criminal Appeal is preferred by the State against the Judgment dtd. 21/1/2004 passed in Sessions Case No.351 of 2003 by the learned Additional Assistant Sessions Judge, Tirupathi, whereby and whereunder respondents 1 to 9 herein/A1 to A9 were found not guilty of the offences punishable under Ss. 397 and 120-B IPC, accordingly, they were acquitted of the said charges. Case against respondent No.10/A10 was split up and numbered as PRC No.46 of 2003 on the file of the learned III Additional Judicial Magistrate of First Class, Tirupati.

(2.) Case of the prosecution, in brief, is as follows.

(3.) The charge sheet was taken on file as PRC No.41 of 2003 on the file of the learned III Additional Judicial Magistrate of First Class, Tirupati. However, subsequently, the case against A10 was split up and numbered as PRC No.46 of 2003. As the offence punishable under Sec. 397 IPC is exclusively triable by the Court of Session, the learned Magistrate, after complying with the due procedure prescribed under law, committed the said PRC No.41 of 2003 against A1 to A9 to the Court of Session, Chittoor, by an order dtd. 17/9/2003. The said case was numbered as SC No.351 of 2003 and thereafter the same was made over to the Court of the Additional Assistant Sessions Judge, Tirupati, for disposal according to law.