GANDI SATYANARAYANA Vs. JARABLA HANSLI

JUDGEMENT

(1.) THIS revision case by the petitioners is directed against the order of the First Class Magistrate, Mahbubabad Warangal District, in Cr. M. P. No. 11 of 1968 in P. R. Case No. 7 of 1967 adding the petitioners as accused Nos. 20 and 21 in the final charge-sheet and ordering nonbailable warrants for them.

(2.) AT about 3 a. m. on 2-11-1967. at Dornakal Railway Station, there was an attack by the accused party on the prosecution party in P. R. C. No. 7 of 1967, as a result of which two persons belonging to the prosecution party died and a number of persons were injured. In the course of the investigation, a preliminary charge-sheet was filed by the Police against 21 persons and the petitioners being accused Nos. 20 and 21. Subsequently, after the completion of the investigation, the Police filed the final charge-sheet against 19 persons as accused, deleting the names of petitioners herein who figured originally as accused Nos. 20 and 21 in the preliminary charge-sheet. The case stands posted for enquiry before the First Class Magistrate, Mahbubabad, as P. R. C. No. 7 of 1967. Pending enquiry of the above case, Cr. M. P. No. 11 of 1968 has been filed by the respective wives of the two deceased persons stating that the police have omitted to charge-sheet the petitioners herein as accused Nos, 20 and 21 in the final charge-sheet though there was ample evidence and material connecting them with the offence along with the oilier accused and requesting the Court for adding them as accused Nos. 20 and 21 and proceed according to law. The application was resisted by the A. P. P. O. But overruling that objection, the lower Court ordered the petitioners herein to be added as accused Nos. 20 and 21 in the final charge-sheet and directed non-bailable warrants to be issued to them. Aggrieved by that order, the petitioners preferred this revision petition.

(3.) MR. Jeevan Reddy for the petitioners contends that the Magistrate has no power to amend the final charge-sheet or to order the addition of the petitioners as accused Nos. 20 and 21 in the final charge-sheet which would, in effect, amount to the Court directing the Police to amend the final charge-sheet and cited a decision of the Supreme Court in Abhinandan Jha v. Dinesh Mishra AIR 1968 SC 117.