ANNAMDEVULA SRINIVASA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In all these criminal petitions, a short but interesting and importing question of law arises for consideration of this Court as to whether this Court, in exercise of its inherent jurisdiction under Section 482 Code of Criminal Procedure (for short 'the Code'), can direct the subordinate criminal courts to accord permission to compound an offence which is otherwise non-compoundable under the Code ?

(2.) Directions are sought from this Court to compound variety of non-compoundable offences such as Section 138 of the Negotiable Instruments Act (Criminal Petitions Nos. 3460 and 3461 of 1994), Section 498-A of the Indian Penal Code (Crl.P. No. 277 and 932 of 1994 and 2633 and 2685 of 1995), Sections 494 and 498-A, I.P.C. (Crl.Ps. Nos. 748 of 1994 and 1662 of 1995), Section 307 of Indian Penal Code (Crl.M.P. No. 1182/94), Section 452, I.P.C. (Crl. Petns. Nos. 2951 and 2952 of 1995).

(3.) In Crl.P. No. 277 of 1994, the petitioner-accused was already convicted and sentenced by the Judicial Magistrate of First Class, Sattenapalli by judgment dated 8-4-1993 for the offence u/s. 498-A, I.P.C. and Crl.A. No. 36 of 1993 preferred by him was pending before the learned Sessions Judge, Khammam. In Crl. Petitions Nos. 3460 and 3461 of 1993, the petitioners-accused in the said cases were convicted and sentenced to suffer imprisonment for one year and pay fine for the offence punishable under Section 138 of the Negotiable Instruments Act by the II Additional Judicial Magistrate of First Class, Rajahmundry in C.C. Nos. 74 and 75 of 1990 and the appeals - Cr.A. Nos. 121 and 122 of 1991 preferred by them are pending before the learned II Additional Sessions Judge, Rajahmundry. Similarly in Crl.P. No. 1182 of 1994 3rd petitioner who is the accused in S.C. No. 327 of 1992 was convicted and sentenced to suffer rigorous imprisonment for 7 years by the Assistant Sessions Judge, Karimnagar for the offence under Section 307, I.P.C. against the accused preferred Crl.A. No. 6 of 1993 and the same is pending before the II Additional Sessions Judge, Karimnagar.