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1969 Supreme(AP) 63

C.KONDAIAH
Nimmakanyala Audi Narrayanammam – Appellant
Versus
State Of A. P. – Respondent


C. KONDAIAH, J.

( 1 ) THE complaint filed on 2/02/1965 by the appellant before the Police against Gotur Palreddi and eight others for the offences under Sections 457, 380, 395 and 395 read with 397 I. P. C. was referred as false. Thereupon, a private complaint preferred by her on 1-7-65 before the J. S. C. . M. , Cuddapah was, after committal tried by the Assistant Sessions judge, Cuddapah in S. C. 5/65 who, by his judgment dated 28/10/1967 acquitted the accused of all the charges leveled against them holding that there was neither truth nor substance in the complaint. On 19-1-1968, the Assistant Sessions Judge filed a complaint before the judicial First Class Magistrate, Cuddapah against the appellant alleging that she had maliciously instituted criminal proceedings against gotur Palreddi and eight others on the false charge of commission of the offence of dacotiy with intent to cause injury to them, knowing that there was no just or lawful ground for such charge or proceeding in his Court, and has thereby committed an offence punishable under the 2nd part of Section 211 I. P. C. hence this appeal.

( 2 ) THE failure on the part of the Assistant Sessions Judge, contended by Sri k Pa


















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