KONDA SESHA REDDY Vs. MUTHYALA CHINA PULLAIAH

JUDGEMENT

(1.) THIS is a petition by the accused for revising the order of the Additional District and Sessions Judge, Nellore dated 15-6-1956 made on Criminal Revision Petition No. 10 of 1956. The, facts of the case, in brief, are, China Fullalah1; claiming to be a lessee of certain lands from one Ramachandraiah, minor represented by his mother, Kasamma, filed a complaint charging the 37 accused with offences punishable Under Sections 379, 143 and 447, I, P. C. He alleged that he took possession of the land from the aforesaid Kasamma and raised a Ragi crop in the beginning of December 1955. He was tending the crop with water taken from the well and the crop was in fact, ripe for being cut in four days' time when all the accused unlawfully entered on the land, and cut and carried away the crop.

(2.) THE Sub-Magistrate, Kanigiri, took a sworn statement from the complainant and dismissed the complaint as relating t6 a dispute of a civil nature. The complainant preferred a revision before the Additional District and Sessions Judge, who, on a perusal of the records and hearing the complainant, held that it was too premature for the Magistrate to come to a conclusion about the civil nature of the complaint and disapproved of the Magistrate importing his personal knowledge of certain anterior criminal litigation between the complainant's lessor and the 4th accused touching the land in question. He set aside the order of dismissal and directed a further enquiry.

(3.) THE accused are now asking this Court to quash the order of the Additional District and Sessions Judge on four grounds: