NOOKALA NARAYANA REDDY Vs. NOOKALA RANGA REDDY

JUDGEMENT

(1.) This revision petition is directed against an order of the Sessions Judge, Warangal, given on llth September, 1965. The facts necessary to understand the argument properly are that the respondent filed a complaint against the petitioner, C.C.No. 2689 of 1964, before the Additional Munsif-Magistrate, Warangal under sections 211 and 500, Indian Penal Code.

(2.) After issuing summons to the accused the learned Magistrate recorded the evidence adduced by the complainant. On an appreciation .of that evidence he reached the conclusion that no charge is made out under section 500, Indian Penal Code. He therefore dismissed the complaint and discharged the accused under section 253 (1), Criminal Procedure Code.

(3.) Dissatisfied with that order of discharge the complainant preferred a revision before the Sessions Judge under section 435, Criminal Procedure Code. The learned Sessions Judge holding that the appreciation of the prosecution evidence by the lower Court was not satisfactory and the discharge order was liable to be set aside, directed the lower Court to make further enquiry as indicated in his order. He held that selling the sugar quota for the months of February, and March at Mahbubabad was false as sugar quota for those two months was not lifted at all. In view of that finding the learned Judge observed that that charge was a mere fabrication and since the relations of the accused with the complainant were strained he found that the imputation was made and published to harm the reputation of the complainant. After holding that there appears to be a prima facie case agains the accused for the offence under section 500, Indian Penal Code, the learned Judge observed:-