A K JOSHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS petition is filed by the accused to quash the order of the 4th Metropolitan Magistrate, Hyderabad in PRC. 17/77 (C. C. No. 519/76 ).

(2.) THE Inspector of Police, Crime Branch, C. I. D. Hyderabad, filed a charge-sheet against the accused alleging that the accused being a clerk in the Bank of India Branch at Hyderabad, had forged the signature of one S. S. Zafar, holder of Accounts Nos. 2122 and 4060 and opened two false accounts Nos. 3037 and 3951 in the name of one Sallahuddin Zafar at State Bank of Hyderabad, Sultan Bazar and Union Bank of India posing himself to be S. S. Zafar and cheated the Bank of India to the tune of Rs. 11,837. 84 p. , and thereby committed an offence under Sections 419, 420 and 467 of the I, P. C. The case was taken on file by the 4th Metropolitan Magistrate, Hyderabad as C. C. No. 519/76. On behalf of the prosecution P. W. 1 was examined and P. W. 2 was cross-examined in part. During the trial it came to light that the accused was involved in two calendar cases, C. C. Nos. 518 and 519 of 1976, for offences of forgery, cheating and theft by a servant. In the circumstances of the case, the Magistrate opined that this case should be tried by the Court of Session and therefore he converted the C. C. into a Cr. P. C. and committed the case to the Court of Metropolitan Sessions Judge under Section 323, Cr. P. C. Questioning that order, the accused has filed this petition.

(3.) IT is submitted on behalf of the petitioner that no reasons are given by the learned Magistrate to commit the accused to the Court of Session and the circumstances of the case do not also warrant such committal.