COOLL GANGADHARAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) 1. This Criminal Miscellaneous Petition is filed to quash the proceedings in M.C. No, 4 of 1974 on the file of the Court of the Sub-divisional Magistrate, Chittoor.

(2.) The petitioners are respondents 1 to 6 and 8 to 20 in M.C, No. 4 of 1974 referred to above against whom notices were issued under section 112, of the Code of Criminal Procedure (old), by the Sub-divisional Magistrate Chittoor, to show cause why they should not be ordered to execute a bond for a sum of Rs. 500/- with two sureties for a like sum for keeping the peace for a period of one year, alleging several wrongful acts against them and that they are likely to commit breach of the peace or disturb the public tranquillity. The Information under section tion 107, Code of Criminal Procedure, was laid before the Sub-divisional Magisstrate, Chandragiri by the Inspector of Police, Ttrupathl (Rural) and the case transferred by the District Magistrate, Chittoor from the file of the Sub-divisional Magistrate. Chandragiri, to the file of the Sub-divisional Magistrate. Chittoor for the reason that at that time the Sub-divisional Magistrate, Chandragiri was not conferred with the powers of a First Class Magistrate and therefore he is not competent to deal with the matter. Admittedly neither the petitioners reside nor the wrongful acts complained of were done within the territorial jurisdiction of the Sub-divisional Magistrate, Chittoor. Therefore, normally he is not competent to take cognizance of the matter and enquire into it.

(3.) The objection of the petitioners is that the District Magistrate, Chittoor, has no jurisdiction to transfer the proceedings from the file of the Sub-divisional Magistrate, Chandragiri to the file of the Sub-divisional Magistrate. Chittoor without himself taking cognizance of the case before the transfer.