SALADI CHANDRA RAO Vs. GOLLAKOTI SAMBAYYA

JUDGEMENT

(1.) THIS is a petition by accused No. 1 to revise the order of 'the Stationary II Class Sub-Magistrate, Amalapuram, passed in C. C. No. 686' of 1956 on his file by which the learned Magistrate directed that the offence under Section 188 1. P, C, be dropped and the trial of the case with regard to the other offences ' alleged in the complaint, namely, offences punishable Under Sections 447, 506, 323 and 379, IPC be proceeded with.

(2.) THE facts giving rise to this revision petition are set out in the complaint filed by the respondent and are as follows;

(3.) THE respondent and the petitioner own adjoining fields, A palmyra "kattava' dividing the two fields belongs to the respondent, and he and his family members had been exercising full rights of ownership and possession of the said 'kattava'. While so, disputes arose between the parties and the petitioner and his supporters obstructed the respondent's men from cutting the leaves of the palmyra 'kattava'. The respondent therefore filed a petition under Section 145 Cr. PC before the, Additional I Class Magistrate, Rajahmundry, and in M. C. No. 16 of 1955, the said Magistrate passed an order on 28-3-1956 under Section 145 (6) Cr. PC declaring the respondent's possession of the 'kattava' and forbidding all disturbance of such possession until evicted therefrom in due course of law.