CHALLA SOMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this petition, the proceedings in Misc. Case No. 11 of 1978 are sought to be quashed. Sri Padmanabha Reddy, learned counsel for the petitioners contends that the provisions of Section 111 Cr.P.C, are not followed in as much as the learned Magistrate did not set forth in the order the several particulars mentioned in the Section- He also contends that the learned Magistrate has mechanically issued summons to the petitioners without applying his mind and without forming an opinion that there is sufficient ground for proceeding with under section I I I Cr.P.C.

(2.) It is not in dispute that the Inspector of Police, Athmakur of Nellore District laid information beore the Sub-Divisional Magistrate under section 107 Cr.P.C. and it was taken on file as Misc. Case No. 11/78 and the Magistrate issued the summons calling upon the petitioners to appear before him to answer the charge under Section 107 Cr.P.C.

(3.) The question is whether, the Sub-Divisional Magistrate is permitted by law to issue summons which does not setforth particulars and without farrming an opinion that there is sufficient ground for proceeding under Section 111 Cr.PC Section ill Cr.P.C. reads as follows. -