VADULA BUCHANNA Vs. STATE OF HYDERABAD
LAWS(APH)-1955-9-11
HIGH COURT OF ANDHRA PRADESH
Decided on September 19,1955

VADULA BUCHANNA Appellant
VERSUS
STATE OF HYDERABAD Respondents


Referred Judgements :-

GHULAM RASUL V. EMPEROR [REFERRED TO]
NOTARAM V. EMPEROR [REFERRED TO]


JUDGEMENT

- (1.)THIS is Revision Petition No. 287/ 1955 filed against the Judgment of the Munsiff Magistrate's Court, - Nirmal, dated 22-2-1955. I have heard the arguments of the learned Advocates of the parties.
(2.)THE facts alleged are that on 23-4-1954, a buffalo of the Revision Petitioner, Buehanna, was, according to him. stolen and slaughtered by Dometi Venkiah. Therefore, he lodged a complaint with the Police on the 24th. The Police issued an F. I. R, and investigated the complaint. It came to the conclusion that the complaint was a false one, issued a final report on 16-8-1954, and fled a complaint on 22-9-54 under Section 182, I. P. C. After this, revision petitioner also lodged a complaint to the Magistrate on 20-10-54 alleging that his allegation of theft was correct and it should be inquired into. The learned Magistrate tried both the cases together, convicted the Revision Petitioner under Section 182 and fined him Rs. 30/-holding that the complaint filed by the Revision Petitioner was thus automatically dismissed.
(3.)THE learned Advocate for the Revision Petitioner argued that as the complaint of the Revision Petitioner was to the Court, it should have been proceeded with, and if found untrue, the Magistrate himself should have lodged a complaint before another Magistrate in accordance with the provision of Section 195 and before that he could not have inquired into the complaint by the Police under Section 182, I. P. C. He also argued that the. learned Magistrate tried both the complaints together, but tills was incorrect, and not warranted by law.
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