ANATHANARAYANA AYYAR, J.

( 1 ) THE petitioner is Naganna who is a complainant in C. G, No. 17 of 1964 on the file of the learned Munsif-Magistrate, Narasipatnam. He has filed the revision petition to set aside the order of the learned Munsif-Magistrate dated rejecting a memo filed by him.

( 2 ) THE relevant facts are as follows:- Naganna filed a private complaint against Krishnamurthy and Appa Rao, two police constables attached to Kottakota Police Station under S. 326 and S. 324 I. P. C. A. pleader filed appearance for the two accused constables. Subsequently, the A. P. P Grade 1 filed a memo dated 9-6-1964 as follows:- "i am instructed by the Collector to defend the accused in this case. The accused are given state defence. " Subsequently, the complainant filed a memo dated 15-6-1964 in which he contended as follows:- "the above case is a private case and the allegation do not show that the accused did anything in course of their official capacity. The prosecutor (A. P. P. Grade 1) is appointed under the Cr. P. C. to conduct prosecution. He cannot be permitted to conduct defence in any case. The accused also engaged a private Advocate. As such the A. P. P. Grade-1 may not be permi

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