J V KRISHNAIAH Vs. STATE

JUDGEMENT

(1.) The Petitioner is J. V. Krishnaiah. He filed a petition dated 26th October, 1965, under section 435 and section 439, Criminal Procedure Code praying for revision of an Order of the Sub-Collector, Gudur, datea 12th October, 1965, directing the petitioner to be detained in the Sub-Jail, Sulurpet and for being enlarged on bail. This petition was numbered as S.R. No. 41283 of 1965.

(2.) The officer raised two objections as to maintainability as follows :- (1) That there was failure to enclose a copy of the Oraer sought to be revised. (2) That it was not made out that the Sub-Collector, acting under section 6 of the Andhra Pradesh Revenue Malversation Regulation (IX of 1822) (hereafter referred to for convenience as the Regulation), was an 'inferior Criminal Court' within the meaning of section 435, Criminal Procedure Code as the act of the Sub-Collector was meant only to recover the money embezzled by the petitioner as a public servant (village officer).

(3.) Another similar petition was filed by S. Subrahmanyam on similar facts. The office raised two similar objections and, after numbering that petition as S.R. No. 4 288 of 1965, the matter came up for hearing before me. As both the petitions are substantially similar in relevant facts, apart from details of amounts etc., they were heard together.