I MALLIKARJUNA SARMA Vs. STATE OF A P

JUDGEMENT

(1.) This application is filed under S 482 Cr. P. C, praying to quash the proceedings in S. C No. 10/75 and other session; cases which were split up and tried jointly along with S C No 10/75 on the file of the II Additional Metropolitan Sessions Judge, Hyderabad, after declaring the same as illegal, or, in the alternative, to exclude the evidence with reference to all overt acts in all cases, listed in the cha ge-sheet, and declare that the prosecution has not the right to examine witnesses where no investigation has been done and direct the Sessions Judga to proceed with the trial after such exclusion.

(2.) This case SC No. 10/75. on the file of the II Additional Metrooolitan Sessions Judge, Hyderabad, is ha/ing a chequered career. FIR is registered against as many as 43 persons for offences punishable under Sec 120B IPC read with Ss. 302, 395 397, 121, 121 A, 122, 123, and 124-AI P C, on 18-5-1975 at the police station' C C S., Hyderabad The complainant, in this case, it is mentioned, as the State of Andhra Pradesh, itself represented by Sri. G Alfred, Duputy Superintendent of Police, Special Duty, Hyderabad. The said G. Alfred Deputy Superintendent of Police, Special Duty, himself registered the case as crime No. 13/74. Thus, the complainant and the registering authority in this case is one and the sarna. In other words, the crime in this case is registered by the police suo motu.

(3.) Coming to the gist of the complaint, the same is, that a party by name Communist Party of India (Marxist- Leninist) came into being in about October, 1968, and-the same is otherwise known as Naxalites. Tha aim of this party, is, according to the charge-sheet, to bring about armed revolution in the cointry and seizing political power, ovar -throwing the Government, through violent means. And that this armed strugple was started in Andhra Pradesh in the' district of Srikakulam, under the leadership of Choudhari Tejeshwara Rao and G.Venkata Ramam and others. That in February, 1969 this party decided to extend its activities in I elangana area and this task was undertaken by Sri Siddurala Vishwamurthy (A45) of Vadlakonda village. Jangaon Tq. Warangal Dist. K.G.Satyamurthy (A1) Warnngal and others. Later, A2, Kendapalli Seethara- maiah, joined this group. That in September 1971, the accused and their associates came together and conspired to commit gruesome offences and create terror in Khammam, Nalgonda, Warangal, Medak and other districts ar.d bring about an armed revolution and other-throw the Government. That in pursuance of this conspiracy in September, 1971, the Naxalite leaders Kondapalli Seetharamaiah. A2, K.G.Satyimurthy, A1, Barla Yadagiri Raju A4 Inguva Mallikarjuna Sarma, A3, Kotagiri Ve.ikati, A33, Muvva Ravindranath, A31 and Pachipala Venkulu, A35, held secret meetings and in pursuance of those secret meetings and conspiracy, the offences mentioned as items 1 to 31 were committed by one or the other of the accused members A1 to A24 and A26 to A40 in the charge-sheet. The complaint against A19 to A24 is that they are members of an organisation called Viplava Rachayitala Sanghatn (Vi Ra Sam) and they undertook the work of indoctrinating the students, unemployed youth cadres in rarrying the objects of the conspiracy and they wrote and published the revolutionary teachings of highly objectionable and inflammatory nature calculated to bring the Government into hatred and contempt and excite disaffection towards the Government ; and prejudicial to the maintenance of harmony inciting the people to take up arms to bring about armed revolt and overthrow the Government established by law This, in short, is the gist of the complaint registered against these accused. On 12-8-74, the Government of Andhra Pradesh gave sanction to prosecute the accused for the various offences mentioned above ind this sanction is as per G. O. Ms. No.568, dated 12-8-1974. After obtaining the sanction. charge-sheet is filed in this case on 19-8-1974. Later on, this case is numbered as S. C 10/75 on the file of the llAdditional Metropolitan Sessions Judge, Hyderabad.