(1.) This is a petition under Section 581(A) of the Cr. P. C. praying for the calling of the records pertaining to C. C. No. 58 of 1959, on the file of the Judicial Second Class Magistrate, Vijayawada Town and to quash all the proceedings as being illegal and without jurisdiction. The facts relevant to this case may be briefly stated :
(2.) The petitioner is the accused in the criminal case (C. C. No. 58 of 1959) now pending. It is alleged that on 22-8-1958 at about 7-30 P.M. while the wife of T. V. Nagabhushanarao was going along the road in Vijayawada town, some one is alleged to have snatched a gold chain from her neck and the jewel fell on the road. It is stated that the petitioner happened to be going along the road on his bicycle. T. V. Nagabhushana Rao suspected that! the petitioner was the thief and, therefore, took him to the police station at Vijayawada and made a report about the occurrence. The police would appear to have made investigation and examined some witnesses. Eventually no action was taken by the police presumably on the ground that there was a mistake as to the identity of the thief and the case was treated as undetectable. Nagabhushana Rao. thereupon filed a petition before the Judicial Second Glass Magistrate Vijayawada Town requiring him to direct the police to file a charge-sheet The Magistrate however, by an order dated 26-11-58 directed the said Nagabhushana Rao to file a private complaint if he chose within 15 days from the date of the order. Nagabhushana Rao did not, however, file any private complaint. But on the contrary, he filed a petition under Section 435 Cr. P. C. on 27-12-1958, in the Court of the Additional Sessions Judge, Masulipatam. On 3-1-1959, the Additional Sessions Judge passed an order taking the case on file under Section 379 I. P. C. and transferring it to the Court of the Judicial Second Class Magistrate Vijayawada Town for disposal according to law. It is this order dated 3-1-1959 and the proceedings now pending pursuant thereto that are sought to be quashed in this petition.
(3.) The powers of the High Court under Section 561A of the Code are indeed very wide. But they can only be exercised in cases where there is such a palpable want of jurisdiction in the proceedings initiated, as would result in unnecessary harassment and oppression to the accused concerned. Section 561A cannot normally be invoked to supplant the normal processes and enquiries by tribunals prescribed in pie Criminal Procedure Code.