PUBLIC PROSECUTOR ANDHRA PRADESH Vs. CHUKKIAH

JUDGEMENT

(1.) The first question that arises for consideration in this appeal preferred by the State is whether the First- Class Magistrate, Mahboobnagar, could acquit an accused person when a police officer had filed a charge-sheet or report. The respondents were the accused before the lower Court and they were present on 2nd March, 1965 and also on the earlier dates 16th February, 1965,1st February, 1965 and 18th January, 1965. The Police Sub-Inspector was not present on 1st February, 1965, and 16th February, 1965 and 2nd March, 1965. Therefore, the Magistrate felt that the police had no interest in the case and after hearing the arguments of the Advocate for the respondents and the Police Prosecuting Officer "dismissed the case" and acquitted the accused of an offence under section 341, Indian Penal Code.

(2.) Mr. Jayachandra Reddi, the learned Additional Public Prosecutor has argued that the Magistrate went wrong in acquitting the respondent when the Police Prosecuting Officer was present and that there is nothing to show from the order of the Magistrate that he had made the order under section 247 of the Code of Criminal Procedure. It is also argued by the learned Public Prosecutor that the report or the charge-sheet filed by the Sub-Inspector is not a complaint within the meaning of section 4 (1) (ft) of the Code of Criminal Procedure for the Magistrate to exercise his jurisdiction under section 247 and therefore the order of the Magistrate is liable to be set aside. It is no doubt true as pointed out by the learned Additional Public Prosecutor that the Magistrate has not stated in his order under which section of the Criminal Procedure Code he was acquitting the accused. According to the learned Counsel for the respondents, the Magistrate has obviously exercised his jurisdiction under section 247, Criminal Procedure Code, as the Sub-Inspector the complainant was absent.

(3.) The question that arises for consideration in this appeal is whether what was laid by the Police Officer is a complaint within the meaning of section 4 (i) (A) of the Criminal Procedure Code or whether it was the report of Police Officer Mr. Jayachandra Reddy, the learned Additional Public Prosecutor, has invited my attention to the charge-sheet filed in this case and argued that the charge-sheet cannot be brought within the ambit of section 4 (i) (h) of the Criminal Procedure Code and if it is not a complaint then the Magistrate cannot invoke section 247 of the Code of Criminal Procedure It is also argued that the Sub-Inspector filed an affidavit stating the reasons for his absence and therefore it is a fit case for interference by this Court.