P.KUNHAMED KUTTI
The nine petitioners in this revision case are accused 1 to 9 in C.C. No. 25 of 1961 on the file of the Additional First Class Magistrate, Virudhunagar. They were charge-sheeted before the Sub-Magistrate, Virudhunagar, for offences punishable under sections 147, 426 and 447, Indian Penal Code. But after recording the evidence of P.W. 1, the Sub-Magistrate found that an offence under Section, 148 Indian Penal Code, had also been disclosed against them. He, therefore, submitted the records, under section 346 Criminal Procedure Code, to the District Magistrate who, in turn, transferred the case to the Additional First Class Magistrate, Virudhunagar. The latter took the case on file; but he found that, since the first accused was the President of the Panchayat Board, the prosecution was not maintainable in the absence of sanction under section 106 of the Madras Village Panchayats Act (X of 1950). On this finding he struck out the charges framed by the Sub-Magistrate and discharged the accused under section 251-A (2), Criminal Procedure Code. The complainant, P.W. 1, then filed a revision petition out of which this revision arises under sections 436 and 435, Criminal Procedure C
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