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1956 Supreme(AP) 199

Seriveri Kotiswamy – Appellant
Versus
State Of A. P. – Respondent


( 1 ) THESE revision petitions have been filed under sections 435 and 439, criminal Procedure Code, by the different acpused in several preliminary inquiry cases, questioning the orders committing them for trial before Courts of Session. Except in Criminal Revision Case No. 349 of 1956 in which the commitment was ordered by an Additional District Magistrate in the exercise of his powers of revision under section 437, Criminal Procedure Code, all the orders of commitment were made by the Magistrates under sub-section (10) of section 207-A, Criminal procedure Code. In all the revision petitions a common point of law is raised that section 207-A, Criminal Procedure Code, which was newly inserted in the Code by the Amendment Act XXVI of 1955, is void as it is inconsistent with Article 14 of the Constitution. The contention is that the two kinds of procedure prescribed by section 207 for committals, one under section 207-A for such inquiries instituted on police reports and the other under sections 208 to 213 for such inquiries in all other cases, discriminate between like accused persons in like circumstances and that the more drastic procedure prescribed by section 207-A is violative









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