BOYA LAKSHMANNA Vs. BOYACHINNA NARASAPPA

JUDGEMENT

(1.) THIS revision is directed against the order of committal passed by the learned Judicial First Class Magistrate. Pattikonda in P. R. C. No. 6 of 1974 on the file of his court. The petitioner is the sole accused who has been committed to : he Court of Session, Kumool for taking his trial in regard to offences punishable under Sections 148 and 302 read with Section 149 I. P. C. along with the four accused in P. R. C. 5 of 1974 who were also committed to the Court of Session, Kurnool to take their trial for offences punishable under Sections 148 and 302 read with Section 149, I. P. C.

(2.) THE facts which led up to this petition are as follows:

(3.) CRIME No. 70 of 1974 was registered by the S. I. of police, Gonegandla against the petitioner and four others in regard to the death of one Hussainappa and the same was investigated. During the investigation the petitioner pleaded alibi. The Inspector of Police, C. B. C. I. D. investigated into the plea and held the same to be false. Another Inspector of the C. B. C. I. D. again examined the plea of the petitioner and found it to be true. On the basis of the investigation of the second C. B. C. I. D. Inspector, a charge-sheet was filed only against the other four, eliminating the petitioner. The- charge-sheet was taken on court's file as P. R. C. 5/74. The respondent herein Who gave the first report to die police filed a complaint in the Court of the Judicial First Class Magistrate, Pattikonda against the petitioner alleging that he also participated, in the murder of the deceased concerned in P. R. C. 5/74. The complaint was filed on 28-5-1974. A list of 18 witnesses was appended to the complaint. The Magistrate examined the complainant under Section 200, Cri. P. C. and after recording his sworn statement on 28-5-1974, took the case on file under Sections 148 and 302 read with Section 149, I. P. C. against the petitioner. Registering the case as P. R. C. 6/74 he posted the case to 12-6-1974 and directed the issuance of a non-bailable warrant against the petitioner. Before the v-arrant was executed, the petitioner surrendered before the Court Subsequently after hearing the advocates of the respondent-complainant and the petitioner-accused, the learned Magistrate passed an order on 28-9-1974 committing the petitioner to the Court of Session, Kurnool for being tried along with the four accused who were committed in P. R. C. 5/74. As against this order of committal, the instant revision is filed contending that the committal is illegal in so far as the learned Magistrate did not follow the procedure laid down in the proviso of Section 202 (2), Criminal P. C. (New Code ).