PUBLIC PROSECUTOR Vs. BASIREDDY VEMA REDDY

JUDGEMENT

(1.) THIS matter is before us, on a comprehensive reference by a learned Single Judge of this Court, from which the following issues can be made out. (1) Whether the Lok Adalat can be equated to 'court' referred to sub-section (2) of Section 320 Cr. P. C. ? (2) Whether an offence which is exclusively triable by a Court of Sessions, though at the stage of P. R. C. , can be compounded by a Court presided over by a Magistrate; even assuming that the answer to the first issue is in affirmative ?

(2.) THE facts, in brief, that led to the present reference, by the learned Single judge, for better appreciation, are extracted hereunder: accused was charge-sheeted for the offence punishable under Section 354 of the Indian Penal Code (for brevity "ipc")and the same was numbered as PRC No. 40 of 2001 on the file of Additional Judicial magistrate of First Class, Kadiri, and was pending. At that stage, at the instance of one of the parties, the matter had been referred to Lok Adalat, where the matter was compromised and accordingly, an award was passed recording the compromise.

(3.) THEREUPON, the State, represented by learned Public Prosecutor, filed the present criminal revision case challenging the award, dated 21. 7. 2001, passed by the lok Adalat, in the said P. R. C. No. 40 of 2001, on the file of Additional Judicial Magistrate of first Class, Kadiri, on the following grounds: firstly, the offence under Section 354 ipc, is triable by Court of Sessions and the learned Magistrate has no jurisdiction to record the order of acquittal under section 320 (8) Cr. P. C. ; and secondly, the Magistrate ought to have forwarded the order passed by the Lok adalat and the case papers to the Court, which has got jurisdiction, for recording acquittal.