the two cases in the magistrates companyrt were registered under their own numbers but were tried together and were companymitted separately.
14 wanted space for a godown for 400 bags of groundnut purchased by him.
1 and 2 and submitted a charge sheet against them in the court of junior magistrate athni.
with the petition he filed a memorandum of appeal.
suffice it to say that the house was set on fire to cause loss to bhimappa.
both the cases ended in acquittal.
79 and 80 of 1965.
the high companyrt held on numberember 28 1966 as follows the petitioner has numberlocus standi to prefer an appeal when the state had prosecuted the respondent in the sessions companyrt.
mallappa was also charged under s. 436 read with s. 109 i.p.c.
the police arrested respondents number.
appeal by special leave from the judgment and order dated numberember 28 1966 of the mysore high companyrt in criminal peti tion number 610 of 1966.
was also framed while companymitting the accused to the companyrt of session.
all efforts to save the house failed and it was burnt down.
numberrent was fixed but the sons of bhimappa used to have their meals with respondents number.
the two sessions cases were numbered as sessions trials number 79 80 of 1965.
the appellant questions the companyrectness of the order.
bhimappa filed a companyplaint in which he charged these two respondents and respondent number 3 with the same offence of mischief by fire but with the aid of s. 34 i.p.c.
they were tried together and the sessions judge belgaum by his judgment july 13 1966 held the respondents number guilty and acquitted them.
criminal petition number 610 of 1966.
yamanappa then filed a report in the police station.
the judgment of the companyrt was delivered by hidayatullah c.j.
as he had charged the three respondents with having entered into a criminal companyspiracy a charge under s. 120 b i.p.c.
criminal appellate jurisdiction criminal appeal number166 of 1967.
1 and 2.
his right to ask for special leave was number accepted in the high companyrt.
the appellant then applied to the high companyrt of mysore under s. 417 3 of the companye of criminal procedure for special leave to appeal against the acquittal of the three respondents.
the three respondents asked that the two cases be companysolidated and a companybined charge be framed in the case.
s. javali and m. veerappa for respondents number.
in the companyrt of session they were also registered separately and bore numbers sessions cases number.
it is number necessary to give the details of what happened further.
k. sanghi and m. s. narasimhan for the appellant.
it stood in the name of his eldest son and his two other sons lived in one part of the house and the other part was let out to the first respondent laxman who ran a boarding house and also lived there with his wife and children and his mistress champevva the second respondent.
bhimappa appellant had a house at athni taluka belgaum district.
bhimappa was dissatisfied that the police had number prosecuted mallappa respondent number 3 also and he filed a companyplaint against him in the same companyrt.
bhimappa applied for special leave in both cases to file an appeal under s. 417 3 .
by that order the high companyrt held that the present appellant bhimappa had numberlocus standi to invoke s. 417 3 of the companye of criminal procedure and to ask for special leave to file an appeal against the acquittal of the respondent.
the first respondent was asked to vacate a portion of the house but was reluctant.
gopalakrishnan for respondent number 3.
the magistrate inquired into the two cases together and finding a prima facie case established companymitted the first two respondents and the third respondent separately to the companyrt of sessions.
this is an appeal by special leave against the judgment and order of the high companyrt of mysore dated numberember 28 1966 in misc.
bhimappa asked his tenant to vacate the house as he wanted to reside in it himself and his son yamnappa p.w.
for abetment of the offence by the other accused.
p. nayar for respondent number 4.
1 and 2.
