K BENJAMIN Vs. T Y SARMA

JUDGEMENT

(1.) Accused 4 and 6 in PRC. No. 7/76 on the file of the VI Magistrate, Hyderabad have filed Crl. M.P.Nos.553 and 918 of 1977 respectively for quashing the proceedings in the said criminal case in so far as they were concerned.' A4 is Sub-Inspector of Police and A6 is a Deputy Superindent of Police and both of them belong to the Police service in Andbra area.

(2.) PRC. No. 7 of 1976 arises out of a private complaint filed by the 1st respondent in these petitions. On the whole there are nine accused in PRC No. 7 of 1976.

(3.) On 6th January J 975 the-doad body of the son of the 1st respondent was seen floating in Kommanur canal about 8 kilometres from Swarna Village in Prakasam district. A4 and A3 in PRC No. 7/76 found the dead body as they were returning from some investigation work. A3 was then an Inspector of Police. Ho got the body removed from the canal and directed A4 the Sub-Inspector of Police to investigate into the matter. Thereupon, the Sub-Inspector sent an FIR to Inkollu Police Station within whose jurisdiction the dead body was found. A case was registered in the Police. It is alleged in these petitions - it may here be pointed that the averments in the affidavits filed by A4 and A6 in support of Crl. M.P. Nos. 553 and 918 of 1977 practically the same-that no external injuries were found at the time of inquest. The body was sent for post-mortem examination by the Medical Officer. Thereafter, the investigation was taken over by the Inspector of Police, A3, under the instructions of the Superintendent of Police. A6,the petitioner in Crl.M P.No.918 of 1977, was at the time Duptuy Superintendent of Police at Ongole within whose jurisdiction the dead body was found. He vistcd that place in the company of A7, who was another Sub-Inspector.