Order of commitment if can be quased.

This is a petition filed against the order of committal made by the learned District Magistrate, Nandyal, as against the order of discharge made by the Sub-Magistrate of Cuddappah in P.R.C.No. 2 of 1951.

The short facts are: There is a bitter faction in the village of Bidinemacherla in Pulivendla taluk between two parties headed by P.W.1 and accused 1. There have been several criminal cases between them and security proceedings were launched against both the parties. On 17th March, 1950, the security case stood posted before the Sub-Divisional Magistrate of Jammalamadugu at Pulivendla camp.

The case for the prosecution is that accused I and his partisans deliberately absented themselves from this hearing and that while the opposite party was at the camp, formed themselves into an unlawful assembly numbering about 100 and armed at about 8 a.m., and that they trespassed into the house of prosecution witnesses 1 to 4 and caused damage to the property and caused hurt to prosecution witnesses by stone-pelting. The chequered career of the first information in this case can now briefly be alluded to. P.W. 13 the Sub-Divisional Magistrate is said to have passed on Ex. P-8(a) with a covering note Ex. P-8 to the Sub-Inspector of Police, Simhadripuram (P.W. 11), P.W. 11 received Exs. P-8 and P-8(a) according to himself at Ankalamagudur village and proceeded to Bideenam via Simhadripuram at 8 P.m. on 17th March, 1950. There P. W. 11 is said to have recorded a complaint, petition Ex. P-1, on the morning of 18th March, 1950, though dated as 17th March, 1950, which has been registered as the first information report in this case.

P.W. 11 inspected the damaged houses on the night of 17th March, 1950, itself though the Panchayatdars assembled in the next morning, and Mahazarnama had been drawn up. P. W. 11 proceeded to the house of accused 1 and arrested six accused therein and recovered spears and other weapons of offence. He saw injuries on the persons of accused 6 and 18 as also on the persons of P.Ws. 1, 2, 3 and 4. P.W. 12, the Circle Inspector of Police, (arrived at 9 a.m., on 18th March, 1950, and took up further investigation in the case The investigation in this case had been completed on 18th March, 1950, itself. But the charge-sheet in this case was laid on 30th March, 1950, in the Court of the SubMagistrate of Pulivendla against 19 persons for offences under sections 147, 448, 427 and 323 read with section 149, Indian Penal Code.

This case was taken on file as a calendar case on 31st March, 1950 under sections 147, 448, 426 and 323, Indian Penal Code, by Mr. Yusuf Naick who was then the Sub-Magistrate of Pulivendla. This Magistrate examined 12 prosecution witnesses in the case and the prosecution evidence was practically completed but for the examination of the formal witness P.W. 13, the Revenue Divisional Officer of Jammalamudugu, for the purpose of filing Exs. P-8 and P-8(a). Then Mr. J. Chandrasekharam took charge as Stationary Sub-Magistrate, Pulivendla, on 15th August, 1950 and examined P.W. 13 on 4th September, 1950 and had Exs. P-8 and P-8(a) filed. On 5th September, 1950, Mr. Chandrasekharam felt that the evidence of two Court witnesses 1 and.2 was vital and therefore summoned them and examined them on 10th September, 1950. C.W. 1 is the person who stated that he was present at the scene of offence and conveyed the information to C.W. 2 who presented Ex. P-8(a) to P.W. 13 Major Ratnam. The case was adjourned to 22nd September, 1950, for the further examination of P.W.11 under section 540, Criminal Procedure Code. On 22nd September, 1950, on his own motion and without any request from the prosecution side conducted by the Assistant Public Prosecutor the Sub-Magistrate, Pulivendla, converted the case into a Preliminary Register Case as he seems to have come to the conclusion that there is evidence for an offence of dacoity under section 395, Indian Penal Code. The reasons for adopting such a course are not patent. On 6th