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1960 Supreme(AP) 22

JAGMOHAN REDDY
In Re: Puchalapalli Ramachandrareddi – Appellant
Versus
. – Respondent


JAGANMOHAN REDDY, J.

( 1 ) THE facts of this case are somewhat interesting in that the accused one Dr. P. Ramachandra Reddy of Nellore took part in some food prices agitation and was rounded up along with, others on 31-12-1958 and was taken away in a Police lorry to Gudur. At about 3 p. m. , when the Police lorry reached the Police Station at Gudur which is situated in Taluk Office compound, the accused, it is alleged, jumped out of the lorry, took a cycle which was near by and went away. The cycle belonged to a Police Constable, Ghouse Moinuddin of Gudur town, and it is said, that his wife lent it to another person Shiek Mastan Saheb for changing some yellow coins at the Treasury. The cycle was later found by P. W. 8 at the house of Dr. Jai Ram to which place the accused had gone.

( 2 ) THE learned Magistrate perused the documents under Section 173 Cr. P. C. as required under the amended Section 251-A and came to the conclusion that "the intention of the accused at the time of taking the cycle was not dishonest" and, therefore, he discharged the accused under Section 251-A (2 ). Against that order the State filed a revision before the Sessions Judge, who directed the Judicial Dist









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