MEDARAMETLA SREERAMULU AND OTHERS Vs. POTHUMARUTHI GOPAIAH

JUDGEMENT

(1.) This petition is filed to quash the proceeding in M.C. No. 24 of 1968 pending on the file of the Sub-Divisional Magistrate (Executive) Vijayawada.

(2.) Mr. Bheemaraju, the learned counsel appearing for the petitioners, raised two points, firstly that the Sub-Divisional Magistrate has no jurisdiction to refer the matter for an enquiry by a Magistrate subordinate to him and on the strength of the report submitted by the subordinate Magistrate issue a notice under Sec. 112 Cr.P.C. to show cause why the petitioners should not be bound over for keeping the peace or maintaining good behaviour, and secondly that the sub Dvl. Magistrate has taken into account certain past acts of violence, which ought not to be taken into consideration, in issuing the notice under Section 112.

(3.) To appreciate the points urged by Mr. Bheemaraju, it may be necessary to set out a new facts. The petitioners as well as the respondent belong to Konayapalem, a village in Nandigama taluk, Krishna dt. The Inspector of Police, after an enquiry, filed information under Sec. 107 Cr.P.C. against the respondent and some others. The respondent filed an application against the petitioners for proceeding against them under Sec. 107 Cr.P.C. The Sub-Divisional Magistrate directed by his order dated 7-11-1968 the taluk Magistrate who is subordinate to him to enquire into the allegations made by either side by examining the witnesses produced by both parties and submit his report on the evidence recorded by him. The Taluk Magistrate accordingly examined the witnesses and submitted a report to the effect that there are factions in the village although no subsequent events are reported, since the filing of the applications before the Sub-Divisional Magistrate. The main contention of Dr. Bheemaraju is that there is no provision in the Criminal Procedure Code by or under which a Sub-Divisional Magistrate or a first class Magistrate can direct an inquiry by a Subordinate Magistrate, as a petition filed by the parties under Section 107 Cr.P.C. is not in the nature of a complaint to order an inquiry under Sec. 202 Cr.P.C. This inquiry, it may be noticed, by the subordinate Magistrate was ordered prior to the issue of a notice to the petitioner and respondents under Sec. 112 Cr.P.C.