40000/ installed at the wells of their enemies.
criminal appellate jurisdiction criminal appeal number219 of 1975 appeal by special leave from the judgment and order dated the 20th october of the andhra pradesh high companyrt at hyderabad in criminal misc.
petition number1890 of 1975 p b basi reddy and av v nair for the appellants.
the question arises in these circumstances respondent 1 herein made a companyplaint on july 26 1975 before the judicial magistrate first class dharamavaram against the appellants herein alleging that.
it was further alleged that the miscreants thereafter went to the fields and removed parts of machinery worth over rs.
who heard the petition.
m r k chaudhary and b k kanta rao for respondent number1 ram reddy and p parameshwara rao for respondent number.
on account of factions existing village thippapalli the appellants formed themselves into an unlawful assembly armed with deadly weapon such as axes spears and sticks on the night of june 20 1975 and entered the houses of several persons belonging to the opposite party attacked the inmates and forcibly took way jewels paddy ground nuts and other valuables of the total value of two lakhs of rupees.
2 and 3 the judgment of the companyrt was delivered by sarkaria j. whether in view of clause a of the first proviso to s 22 1 of the companye of criminal procedure 1973 a magistrate who receives a companyplaint disclosing an offence exclusively triable by the companyrt of session is debarred from sending the same to the police for investigation under s. 156 3 of the companye is the short question is that falls to be determined in this appeal by special leave.
the learned judge of the high companyrt.
the appellants moved the high companyrt of andhra pradesh by petition under s. 482 of the companye of criminal procedure 1973 which companyresponds to s. 561 a of the old companye praying that the order passed by the magistrate be quashed inasmuch as it was illegal unjust and gravely prejudicial to the petitioners.
hence this appeal.
dismissed it by an order dated october 20 1975.
