KONDLAPUDI MALLA REDDY Vs. PULLAMREDDY BALARAMA REDDY

JUDGEMENT

(1.) There are three petitioners in Crl.P. No.1435/96. They filed a petition under Section 482 Cr.P.C. praying in the circumstances to quash the order passed by the Sessions Judge, Nellore in Cr.P.C. No. 20/94 dated 21-11-1995 directing the IV Additional Judicial First Class Magistrate, Nellore to include the names of the petitioners in P.R.C. No. 12/94 and commit the case to Sessions Court.

(2.) This Court, at the admission stage itself by the order dated 24-4-1996 quashed the said proceedings and directed the Principal Sessions Judge, Nellore to give notice to the petitioners herein who are accused in the complaint filed by the 1st respondent and pass appropriate orders after hearing both the sides.

(3.) Now, the present petition is filed to recall the order on the ground that no notice was issued to the 1st respondent who is the complainant. It was an ex parte order. According to the counsel it can be recalled. He also further submitted that the petitioners (in Crl.P. No. 1435/96) are not entitled for any notice at the time of committal. The Magistrate took cognizance of the case under Section 190(1) Cr.P.C. and under Section 204(1)(b) Cr.P.C. and not under Section 319 C.P. In his submission, the order of the lower appellate Court in Crl.R.P. No. 20/94 dated 21-11-1995 cannot be set-aside.