P AILAMMA Vs. T ZEDSON

JUDGEMENT

(1.) This is a petition filed under S.482 of the Cri. P.C. for quashing all the proceedings in PRC No. 2 of 1987 on the file of the Court of the Third Additional Munsif Magistrate, Chirala, against the petitioners.

(2.) On 17-7-1985, between 7 a.m. and 9 a.m., a rioting, the magnitude of which is never heard of in recent times, took place in and around Madigawada of Karmchedu Village. In the course of the said rioting, as many as five persons died and twenty others were injured. Some of the residential huts situate at the said Madigawada were either destroyed or damaged and properties of some of its inhabitants were looted. All the five deceased were Madigas. The other injured as also those deprived of their abodes and relieved of their properties are also Madigas.

(3.) As many as 94 accused have been chargesheeted in that behalf of by the Deputy Superintendent of Police, Crime Branch, CID, Hyderabad, before the Third Additional Munsif, Magistrate, Chirala, for the offences punishable under Ss.120-B, 148, 302, 304, 355, 395, 454, 449 and 427 read with S.149 of the I.P.C., and under S.7(1) of the Protection of Civil Rights Act. The case was taken on file by the learned Magistrate and numbered as PRC 7 of 1985. Subsequently, it was transferred by this Court to the file of the Sixth Additional Munsif Magistrate, Guntur and the same was numbered as PRC 3 of 1986. Not satisfied with the result of investigation into the occurrence. Mr. Jedson, one of the injured, instituted a complaint against as many as 115 accused including 94 accused charge-sheeted by the Police in the Court of the Third Additional Munsif Magistrate, Chirala, and it was numbered as PRC. 2 of 1986. Including the complainant as many as 94 accused were examined by the learned Magistrate. Criminal Miscellaneous Petition 1359/86 was filed by the complainant on 20-2-1987 requesting the Court to impaled 49 other accused in the said case as the examination of the witnesses prima facie established their complicity in the case. That petition was allowed, and the case was taken on file by the learned Magistrate on 3-3-1987 against 140 accused. By his order dt. 21-12-1987 they were committed to take their trial before the Court of Session, Ongole for offences punishable under Ss.120-B, 148, 153-A, 302, 307, 355, 395, 454, 449, 427, 354, 376, 451, 452, 326 read with 34 and 149 of the I.P.C. and S.7(1) of the Protection of Civil Rights Act. The remaining 24 accused were discharged by the learned Magistrate.