METTU APPIREDDY Vs. PONEGANTI VENKATAPPAYYA AND ANOTHER

JUDGEMENT

(1.) This appeal is from the judgment of the Additional Munsif-cum-First Class Magistrate, Guntur given on 10th September, 1965, whereby he acquitted the accused and dismissed the complaint filed by the Sarpanch of Turakapalem.

(2.) The necessary facts are that the complainant-appellant is the newly elected Sarpanch of Turakapalem Panchayat under the Andhra Pradesh Gram Panchayat Act, 1964. He was elected on 29th May, 1964, and is holding office as Sarpanch from 1st July, 1964. The accused was the President of the Turakapalem Panchayat Board from 1959 to 1964. He ceased to function as such from 30th June, 1964. The accused handed over certain records to the complainant through R. Ranga Rao, the clerk of the accused., and one G. Narasayya. He did not however handover certain other documents which were with him. The complainant, therefore issued a registered notice on 8th September, 1964. It was however not served upon the accused. It was, therefore, alleged that the accused has committed, an offence under section 221 (3) (a) and section 224 of the Andhra Pradesh Gram Panchayat Act, 1964 (hereinafter referred to as the Act). Nine documents were listed in the complaint which, according to the complainant, were not handed over to him by the accused.

(3.) The defence set up by the accused was that section 221 and section 224 of the Act are not applicable to his case. He cannot, therefore, be punished under those sections. He further contended that the prosecution is time-barred and, on merits, he said that he has delivered to the complainant all the records that he had with him.