PAKKIREDDI MASTAN REDDY Vs. TALAMATI SRINIVASULU REDDY

JUDGEMENT

(1.) The facts which are not in dispute in this case are that the 1st respondent herein was the former Sarpanch of Muthyalapudu Gram Panchayat. In the Panchayat elections held on 27-5-1982 the complainant-appellant and the accused 1st respondent herein contested for the post of Sarpanch of Muthyalapudu village Gram Panchayat and in the election the complainant-appellant was declared elected as Sarpanch of the said Gram Panchayat defeating the accused, the 1st respondent herein. By virtue of his election to the office of the Panchayat, the accused was duty bound to hand over all the registers, records, books and furniture pertaining to the Panchayat to the successor-in-office. Hence, after issuing a registered notice, the complainant preferred a petition against the accused under S. 221(3) of A.P. Gram Panchayats Act. Originally that case was taken on file as S.T.C. 506 of 1981 on the file of the Judicial Magistrate of First Class, Gudur. But later it was transferred to the Court of IV Addl. Judicial Magistrate of First Class, Nellore. That case ended in conviction of the first respondent herein under S. 221(3)(a) of the A.P. Gram Panchayat Act for not handling over the records, registers and other items of furniture and sentenced under S. 255(2) Cr.P.C. to pay a fine of Rs. 50.00 and in default to undergo Simple Imprisonment for 15 days.

(2.) Thereafter, the appellant herein laid S.T.C. No. 569 of 1982 in the Court of the Judicial Magistrate of First Class, Gudur under S. 221(3) of A.P. Gram Panchayat Act with the allegation that in spite of conviction by the Court of the IV Addl. Magistrate of First Class, Nellore in S.T.C. No. 10 of 1982 on 30-6-1982, the first respondent herein has filed to hand over the records till now. Hence, the fresh complaint.

(3.) The first respondent herein pleaded not guilty. No oral or documentary evidence was adduced in this case and only legal arguments were advanced by both the parties.