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PETITIONER: MACHERLA HANUMANTHA RAOAND OTHERS
Vs.
RESPONDENT: THE STATE OF ANDHRA PRADESH(with connected petition)
DATE OF JUDGMENT: 17/09/1957
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA KAPUR, J.L. SARKAR, A.K.
CITATION: 1957 AIR 927 1958 SCR 396
ACT: Sessions Trial-Commitment Proceeding instituted on Police report-Procedure, if makes for inequality before law-Code of Criminal Procedure (Act V of 1898) as amended by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), ss. 207, 207A-Constitution of India, Art. 14.
HEADNOTE: The point in controversy in this appeal was whether SS. 207 and 207A inserted into the Code of Criminal Procedure by the amending Act 26 of 1955, violated the provision of Art. 14 of the Constitution and were, therefore, invalid in law. The appellants were committed for trial to the Court of Session by the inquiring 397 Magistrate in a proceeding instituted against them on a Police report and he followed the procedure laid down in s. 207A of the Code as required by s. 207 Of the Code. The appellants moved the High Court for quashing the order of commitment on the ground that the provisions of S. 207A introduced discrimination as against accused persons against whom proceedings were’ instituted on Police report and were unconstitutional in character. The Hi...