UMMADI PULLA REDDI Vs. STATE

JUDGEMENT

(1.) This Criminal Miscellaneous Petition to quash the order of committal made by the Sub-Divisional Magistrate, Anantapur, has been referred to a Division Bench by Chandra Reddy, J.

(2.) The facts may be briefly stated. The Station House Officer, Atmakur, filed a charge-sheet against 11 accused alleging that on 3rd January, 1954, at about noon in Sanappa village, the said accused formed themselves into an unlawful assembly armed with deadly weapons with the common object of causing hurt to the persons belonging to the opposite faction, and, in pursuance of such common object, caused hurt to Chinna Konda Reddi and 9 others and thereby committed offences punishable under sections 147, 148, 323 and 324, Indian Penal Code, lead with section 149, Indian Penal Code. There was a counter-case P.R.C. No. 2 of 1954 filed by the accused against the victims of the present case. The Sub-Divisional Magistrate took the case on file as Calendar Case No. 41 of 1954 and followed the procedure prescribed for warrant cases. The Magistrate found that the prosecution had failed to make out a prima facie case in respect of any of the offences alleged against accused 1, 4, 6 and 8 to 11 and discharged them under section 209(1), Criminal Procedure Code. But, as regards accused 2, 3, 5 and 7, he framed charges against them under section 323, Indian Penal Code, but committed the said accused to sessions on the following ground :

(3.) The aforesaid petition was filed for quashing the said order committing the accused to sessions. The question for consideration is whether the said order is illegal and, if not, whether it is improper to pass such an order in the circumstances of the case. The relevant provisions of the Criminal Procedure Code, which throw light on the question raised, may now be read :