GUBBALA NAGESWARA RAO Vs. STATE

JUDGEMENT

(1.) This criminal revision case is sought to be filed by the accused in CC No. 164 of 1994 on the file of the II Additional Judicial First Class Magistrate, Tanuku, questioning the orders passed by the Magistrate on 17-9-1997 dismissing the petition in Crl. MP No.2654 of 1997 in the above said CC.164 of 1994.

(2.) The police filed charge-sheet against the present petitioners who are accused in Crime No.2 of 1994 of Penugonda Police Station for the offence under Sections 500 and 506(1) read with Section 34 IPC. The said case was registered on the basis of the complaint given by the de facto-complainant alleging that as herself and LWs.2 to 6 did not oblige the accused in giving money for performing pujas, they were declared as out-caste and were ex-communicated by the accused and thereby the accused are guilty of the offences punishable under Sections 500 and 506(1) IPC read with Section 34 IPC.

(3.) During the pendency of the trial of the case, LW1 who is the de facto-complainant compounded the offence with the accused and they filed Crl. M.P. No.2654 of 1997 requesting the Court to grant permission for compounding the offence. The learned Magistrate, after hearing both sides, dismissed the petition by the impugned order dated 17-9-1997 observing that the persons who are alleged to have defended by the accused are the de facto-complainant as well as LWs.2 to 6 but LWs.2 to 6 have not compounded the offence with the accused and as such LWs.1 cannot be permitted to compound the offence and the accused cannot be acquitted.