A SUBHASCHANDRA BOSE Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1972-8-4
HIGH COURT OF ANDHRA PRADESH
Decided on August 29,1972

A.SUBHASCHANDRA BOSE Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.) 1. This is a petition by the accused in P.R.C. No.19/1971 on the file of the Judicial First Class Magistrate Ananthapur to direct the said Magistrate to deal with the charge sheet in Crime No. 98 of 1971 of Singanamala Police Station accoording to law and to proceed with the committal and enquiry against the accused therein. The accused in Crime No. 98 of 1971 of Singanamala Police Station is the complainant in P.R C. No. 19 of 1971. In this petition it is stated that the petitioner who was the Assistant Superintendent of Police and placed in charge of Ananthapur Rural Circle from 1-9-1971 to 14-10-71 was the Investigating Police Officer in Crime No. 92 of 1971 of Singanamala Police Station. On receipt of reliable information that some of the absconding accused in the murder case were being harboured in the house of D. Venkata Ranga Reddy, complainant in P.R.C No 19 of 1971 the petitioner along with the Police party proceeded to apprehend the accused in the said murder case. They went to the house of Venkata Ranga Reddy and called him. But he delayed the opening of the doors of his house in order to facilitate the escape of the absconding accused in the darkness. The Police party brought Venkata Ranga Reddy to Singanamala Police Station at about 6 a m. on 11-10-1971 for purposes of interrogation. It is staled that on the way to the police station, Venkata Ranga Reddy resisted the authotity of the police and tried to escape from the police custody whenever the Jeep slowed down or stopped on the way. During the course of interrogation, Venkata Ranga Reddy attempted to escape from the police custody; he ran out of the police station in haste, fell down and sustained minor injuries. The Police caught hold of him and brought him back to the Police Station, The Sub Inspector of Police registered a case against him as Crime No 98/71 of Singanamala Police Station and brought him to Anantapur Taluk Police Station by 11.30 a.m. for being produced before the J. F. C. M. Ananthapur for remand.
(2.) On these facts, the Sub Inspector of Police of Singanamala Police Station filed a charge sheet on 17-12-71 in Cr. No. 98/7.1 against the accused, D, Venkata Ranga Reddy for the offences under Ss. 353, 211 212, and 224 I. P. C. read with S. 47 of the Andhra Pradesh District Police Act, 1859 in the court of the J. F. C. M Ananthapur. It is alleged that learned Magistrate who ought to have issued process on receipt of the charge sheet and dealt with the accused according to law, niether had taken cognizance of the charge-sheet nor had given a judicial disposal to it. On the other hand, on the filing of memo dated 17-12-71 by S. G Munirathnam, Inspector of police, Ananthapur, Rural Circle for return of the charge sheet, the learned Magistrate returned it to him on the basis of the said memo. Various allegations have been made against S. G. Munirathnam, Inspector of Police, Ananthapur to the effect that he is under the influence of D. Venkata Rangareddy. It is stated that as per the directions of this court in W. P. No. 4241/71 and W. A. 440/71, the learned Magistrate obtained the charge sheet from the Inspector of Police and forwarded the same to this court. It is the case of the petitioner that the Magistrate had no jurisdiction to return the charge sheet once it was filed in court, that it was the duty of the Magistrate to proceed under S. 204, Cr.P.C. and that if it is a Calender case, the Magistrate should proceed under S. 251-A Cr.P.C.
(3.) I find some force in this contention. There is no provision in the Criminal Procedure Code which empowers the Magistrate to return the charge-sheet which he had received under S. 190 (1) (b) Cr P.C. which provides : "(1) Except as hereinafter provided any Presidency Magistrate, District Magistrate or Subdivisional Magistrate, and any other Magistrate specially empowered in this behalf, may take cognizance of any offence. (a)........................................ (b) upon report in writing of such facts made by any police officer (c) .......................,................" Once a charge sheet is filed, the Magistrate has to proceed with it under S. 204, Cr. P.C, and on the basis of the evidence before him, he will have either to convict or acquit or discharge the accused I, therefore find that the order of the Magistrate returning the charge sheet on the basis of a memo filed by S. G. Minirathnam, Inspector of Police, Ananthapur is not proper and set aside the same. The Magistrate will proceed with the case on the basis of the charge sheet filed on 17-12-71 in accordance with law. The petition is accordingly allowed.;


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