BASI REDDY, ANANTA NARAYANA AYYAR
Bandi Kotayya – Appellant
Versus
State (S. H. O. Nandigama) – Respondent
( 1 ) IN this Criminal Revision case, which has been referred to a Division Bench by our learned brother Jaganmohan Reddy. J. as " if involves a question of law which is of general application", the question that falls for determination is whether in n preliminary Register case, that is to say, in a case triable exclusively by a Court of Session, the police can first file what is called a "preliminary charge sheet" before a Magistrate, who is to hold an inquiry under Section 207-A, Cr. P. C. , then continue the investigation and eventually file a "final charge-sheet", deleting the names of some of the persons who had been included in the list of accused in the preliminary charge-sheet: and when such a final charge-sheet is filed, whether the Magistrate can accept it as a police report under Section 173 (1 ). Criminal Procedure Code and proceed with the preliminary inquiry only against the persons named in the final charge sheet. In other words, In such a case, does not Magistrate take cognizance of the offence upon the preliminary charge-sheet or upon the final charge-sheet ? (2a) In the present case the above question arises in the following way. On 18-5-1964 the Su
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