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1972 Supreme(Mad) 501

KONDAIAH, SRIRAMULU
The Public Prosecutor, Andhra Pradesh – Appellant
Versus
Kallam Prakasa Reddy – Respondent


Order.-

In this revision an important point of law is involved. There are in all 92 accused persons in P.R.C. No. 1 of 1971 having been charged under sections 302, 120-B, 121-A, 395 etc., Indian Penal Code. During the enquiry the prosecution filed a petition Crl. M.P. No. 187 of 1972 before the learned Special Magistrate, who is enquiring into P.R.C. No. 1 of 1971, with a prayer to split up the case of six of the accused viz., A-82, A-95, A-97, A-102, A-109, and A-118 on the ground that they have caused obstruction to the proceedings of the Court by making noise, raising slogans, singing songs and even causing threats to a witness, followed by intermittent interruption, as a result of Which the proceedings could not be conducted in a peaceful atmosphere and the decorum of the Court could not be maintained and the whole atmosphere was not in keeping with the dignity of the Court. The learned Magistrate dismissed the petition on two grounds viz., that he had no power to pass such order splitting up the case of the six accused from the rest. The Magistrate also found that most of the allegations of the prosecution have not been established. Aggrieved by the said order, the prosecution


































































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