CHANDU VEERAIAH Vs. STATE OF ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) Criminal Revision Case No. 692 of 1958 is directed against an order passed by the Judicial II Class Magistrate, Repalle, in C. C, No. 1005 of 1958 upon a memo filed by the prosecution under Section 540 of the Criminal Procedure Code. Criminal Revision Case No. 691 of 1958 challenges the correctness of an order of the same Magistrate in the same case passed on a later date on a petition of the accused presented under Sections 173 (4) and 251-A of the Code.

(2.) There was a charge-sheet filed against the accused who were four in number under Sections 323 and 825, I.P.C., by the Sub-Inspector of Police, Cherukupalli. In the charge-sheet were set forth the names of 12 persons as persons acquainted with the circumstances of the case. During the trial, the prosecution filed a memorandum in which they stated that two witnesses may be summoned as "additional witnesses" on their behalf because their examination was essential to the just decision of the case. One of them is a doctor working as a Radiologist in the Government Headquarters Hospital, Guntur. He is to produce the negatives of the X-ray photographs taken by him of one of the persons injured in the course of the offence alleged against the accused and he is also to produce his report thereon. It was stated in the memorandum that the Police became aware of the existence of the X-ray photographs after the investigation was over. The other witness was a Head Constable working at Lalapet, Guntur, who was to speak to the receipt of the first information report and the making of the general diary entries. This application was opposed by the accused. It was contended for them that under Sections 173 and 251-A, Cri. P. C., the prosecution is bound to decide before the commencement of the enquiry

(3.) These cases have been posted before a Bench because the question raised is one of general importance.