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1961 Supreme(AP) 180

ANANTA NARAYANA AYYAR
B. C. Chenna Reddy – Appellant
Versus
State – Respondent


ANATHANARAYANA AYYAR, J.

( 1 ) THE Sub-Inspector of Police, Simhadripuram filed a charge sheet against twelve accused for offences punishable under Ss. 147, 148, 324, 326,367 and 149 I. P. C. in the Court of the Judicial Second Class Magistrate, Pulivendia. The latter took it on the fileas P. R. C. No. 5 of 1961, framed charges under Ss. 147, 324,325,326, read with 149 367 against A. 1, A. 3, A. 4,a. 6, A. 9, A. 10, and A. 11and under S. 148, 324, 325, 326,read with 149 and 367 against A-2, A-5, A-8 and A-12 and committed them to take their trial in the Court of Sessions Cuddapah Division. Thereupon, the twelve accused felt aggrieved with that order and filed this petition under S. 561-A Cr. P. C. to quash the order of committal.

( 2 ) IN the present case, the charge under S. 367 I. P. C. against the accused is that they dragged the complainant from one place to another so that he may be subjected to grievous hurt. It is also the case of the prosecution that the accused caused grievous hurt which is the subject of charges under Ss. 325 and 326 I. P. C. It is beyond doubt or dispute that, of all charge which is triable exclusively by the Court of Session is the charge under S. 367 I.








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