M. SESHACHALAPATI, J.

( 1 ) THIS is a petition under Section 581 (A) of the Cr. P. C. praying for the calling of the records pertaining to C. C. No. 58 of 1959, on the file of the Judicial Second Class Magistrate, Vijayawada Town and to quash all the proceedings as being illegal and without jurisdiction. The facts relevant to this case may be briefly stated :

( 2 ) THE petitioner is the accused in the criminal case (C. C. No. 58 of 1959) now pending. It is alleged that on 22-8-1958 at about 7-30 P. M. while the wife of T. V. Nagabhushanarao was going along the road in Vijayawada town, some one is alleged to have snatched a gold chain from her neck and the jewel fell on the road. It is stated that the petitioner happened to be going along the road on his bicycle. T. V. Nagabhushana Rao suspected that! the petitioner was the thief and, therefore, took him to the police station at Vijayawada and made a report about the occurrence. The police would appear to have made investigation and examined some witnesses. Eventually no action was taken by the police presumably on the ground that there was a mistake as to the identity of the thief and the case was treated as undetectable. Nagabhushan

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