LAWS(APH)-2006-2-5

NALLABOTHULA SREESHAILAM Vs. STATE OF A P

Decided On February 16, 2006
NALLABOTHULA SREESHAILAM Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Point: Whether a Court of Session can take cognizance of any offence without committal by a Magistate?

(2.) Sri C.Praveen Kumar, the learned counsel appearing for the appellant highlighted with professional excellence with the relevant provisions in the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') and the special law under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') and ventilated the grievance of the accused by stating that the procedure adopted by the trial court in taking cognizance of the offence directly on a charge sheet filed by the investigating agency without being committal of the case is bad in law and the conviction is to be set aside.

(3.) The facts to the extent necessary as disclosed by perusal of original record are as under: