(Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one n the nature of Writ of Certiorari calling for records in relation to impugned Award dated 08.12.2006 passed by the first respondent in C.C.No.634 of 2005 on the file of the Court of the Hon’ble Judicial Magistrate of I Class, Kurnool and quash the same by declaring it as illegal, arbitrary and contrary to the provisions of the Section 320 (2) Cr.P.C. and consequently direct the Hon’ble Judicial Magistrate of I Class, Kurnool to proceed with the trial in C.C.No.634 of 2005 against the respondents 2 and 3 and pass such other order or order which the Hon’ble Court may deem fit and proper under the facts and circumstances of the case.)

V. Eswaraiah, J.

Petitioner seeks a Writ of Certiorari calling for records in relation to impugned Award dated 08.12.2006 passed by the Lok Adalat, Kurnool in C.C.No.634 of 2005 on the file of the Honourable Judicial Magistrate of I Class, Kurnool and quash the same as it is illegal, arbitrary and contrary to the provisions of the Section 320 (2) Cr.P.C. and to direct the Honourable Judicial Magistrate of I Class, Kurnool to proceed with the trial in C.C.No.634 of 2005 against the accused/respondents 2 and 3 herein.

2. It appears that one Ch. Uma Lakshmi, W/o. Yogeshwar Raju, R/o. Beechupalli, Mahabubnagar District, filed a private complaint on the file of the Judicial Magistrate of I Class, Kurnool and the said Court referred the matter for investigation by the police. Accordingly, the Sub-Inspector of Police, Kurnool, IV Town Police Station, investigated the matter and filed a charge sheet for the offence under Sections 406, 417 and 420 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Andhra Pradesh Chit Funds Act in Cr.No.146 of 2004.

3. Petitioner herein is L.W.3. It is stated in the charge sheet that the said complainant (L.W.1) was a member of the chit run by respondents 2 and 3 herein and L.Ws.2 to 21 were witnesses and also victims in the hands of the accused. In the charge sheet it is also stated that the complainant – L.W.1 joined in two chits run by the accused and paid Rs.1,64,740/- whereas the petitioner (L.W.3) herein also joined as a member in two chits run by the accused and paid a sum of Rs.90,260/- to the accused and her brother-in-law also joined in one lakh chit and paid Rs.36,270/- but the accused failed to repay the said amount. Similarly, L.W.2 and L.W.4 to 21 joined the chits and the accused failed to repay them. Accordingly, the charge sheet was filed stating that the accused are liable to be punished for the offence under Sections 406, 417 and 420 r/w Section 34 IPC and Sections 3 and 4 of the AP Chit Funds Act.

4. While so, the complainant namely, Ch. Uma Lakshmi, filed a petition before the Lok Adalat, Kurnool, stating that she, being the defacto-complainant, seeks to compromise the matter with the accused in the presence of the members of the Lok Adalat and in view of the terms of the compromise signed by the said complainant, the Lok Adalat passed the impugned award dated 08.12.2006 under Section 21 of the Legal Services Authority Act, 1987 compounding the aforesaid offence against the accused. Thereafter,

L.W.21 – B. Ramanna, filed a petition before the Lok Adalat stating that she being one of the victims, the criminal case, though registered at the instance of the complainant – L.W.1, cannot be compounded and requested to continue the proceedings against the accused with regard to other victims except L.W.1. On the said petition, the accused were directed to attend the Court of Judicial Magistrate of I Class, Kurnool. Questioning the said order of the Lok Adalat dated 06.07.2007 directing the accused to present before the criminal Court. On 20.7.2007, the accused filed Crl.P.No.5419 of 2007 before this Court under Sect