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2023 Supreme(AP) 230

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K.SREENIVASA REDDY, J.
Peruri Veera Venkata Naga Prasad – Appellant
Versus
The State Of Andhra Pradesh – Respondent
Writ Petition No.25758 of 2022
Decided on : 03-02-2023

Advocates:
Advocate Appeared:
For the Appellant : PRIYANKA SONKAMBLE

Headnote:

Indian Penal Code,1860 - Sections 506, 354, 324, 509, 406, 409, 420, 465, 408 and 472 - Criminal Procedure code,1973 - Section 482 - SCs and STs (PoA) Act, 1989 - Sections 3 (1) (r), 3 (1) (s) - Seeking to declare the action 4th/8th respondent - Cheating and dishonesty - Criminal breach of trust - Petitioner saw an accident viz. one black colour car driven by 9th respondent dashed a biker, and since biker was still alive, 9th respondent reversed the car and again intentionally hit him, as a result, the biker, who was identified as Obulesu,died on the spot - Held, Husband of respondent No.10-defacto complainant, is a member of scheduled caste community - In villages, it is well known that majority of persons would be knowing other persons and their caste status - It is pertinent to mention here that in police report itself, it is stated that defacto complainant and her husband are residents of S.C. Colony - When it is specific accusation that husband of defacto complainant, who, admittedly, belongs to scheduled caste community, was abused in name of caste, truth or otherwise of said accusation has to be decided during course of trial - Writ Petition is dismissed

ORDER :

The present Writ Petition has been filed seeking to declare the action 4th/8th respondent in filing alleged false charge sheet in crime No.33 of 2022 of G.R.Palli police station which was numbered as Special S.C.No.39 of 2022 on the file of the Special Sessions Court for trial of cases under the SCs and the STs (PoA) Act-cum-IV Additional District Judge, Kadapa and the action of respondents 1, 2 and 3 in not initiating criminal and disciplinary proceedings against 9th, 4th/8th respondents for falsely implicating the petitioner in the said crime and filing a false charge sheet, even after submitting written instructions by 4th respondent to this Court in Writ Petition No.10846 of 2022 saying that 10th respondent is not a scheduled caste woman but belongs to OC kapu woman, as illegal and arbitrary, and consequently quash the proceedings in the aforesaid Special S.C. No.39 of 2022 and direct respondents 1, 2, and 3 to initiate criminal and disciplinary proceedings simultaneously against 9th, 4th/8th respondents for falsely implicating the petitioner in the aforesaid crime and filing charge sheet, and award compensation from 9th, 4th and 8th respondents.

2. It is the case of the petitioner that he is a social activist and has been espousing causes of needy in all walks of life. He also filed number of cases both in District Judiciary and before this Court. On 06.03.2022 at about 5.30 PM, while coming home from Vempalli to Veerapunayunipalli at Thangedupalli road, petitioner saw an accident viz. one black colour car driven by 9th respondent dashed a biker, and since the biker was still alive, 9th respondent reversed the car and again intentionally hit him, as a result, the biker, who was identified as Vaddarapu Obulesu, died on the spot. He took photograph of number plate of the car AP39GR 0121, owned by 9th respondent, with dead body lying beside. Petitioner was intending to give a complaint, but 9th respondent managed to register a crime against similar car bearing No.AP39KX0112. When petitioner tried to inform family members of the deceased about the incident, 9th respondent called him and his mother to police station on 18.03.2022 and gave warning and threatened with dire consequences. When he sought for CC TV footage of police station on that day, the same was not furnished stating that the videos are not available as cameras got damaged due to short-circuit. Keeping the aforesaid incidents in mind, the petitioner was falsely implicated in crime No.33 of 2022 of G.R.Palli police station for the offences punishable under Sections 3 (1) (r), 3 (1) (s) of the SCs and STs (PoA) Act, 1989 and 506 and 509 IPC, basing on a report lodged by 10th respondent. But, 10th respondent does not belong to either SC or ST community. She belongs to O.C. and she is wife of one M.Venkata Subba Reddy. After demise of her husband, she started taking widow pension and now she is posing herself as wife of late Lingala Gangadhar, who belongs to Madiga caste and comes under SC category. The petitioner filed Writ Petition No.10846 of 2022 seeking quash the proceedings in the aforesaid FIR and for other reliefs, and the matter was directed to be listed on 13.06.2022. Petitioner also submitted caste certificate of 10th respondent, obtained by him under the provisions of the RtI Act from 7th respondent-Tahsildar, to 4th respondent-investigating officer, which shows that 10th respondent belongs to OC (Kapu) community. Surprisingly, instead of filing final report, 4th respondent filed charge sheet, which was taken on file as Special S.C.No.39 of 2022. Aggrieved by the same, petitioner filed a complaint on 17.06.2022 on 9th respondent to 1st and 3rd respondents, but till today, no action has been taken on the said complaint. Hence, the present Writ Petition.

3. 4th respondent filed counter affidavit stating inter alia that pursuant to an incident occurred on 12.04.2022 at 4.30 PM in the barren fields belonging to one Ganganna situated at G.Mittapalli vill

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