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2023 Supreme(AP) 87

M. GANGA RAO
Yelda Chinnari – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sriman.

ORDER :

1. This writ petition is filed to issue a Writ of Mandamus declaring the action of the 4th respondent for not securing the Caste Certificate of deceased by name Yadla Chinna/victim in SC/ST S.C. No. 52 of 2016 on the file of the Court of the Special Judge for Trial of Cases under SC/ST (POA) Act, East Godavari at Rajamahendravaram, from the 3rd respondent in the light of the judgment of the Hon’ble Supreme Court in Kumari Madhuri Patil and Another vs. Additional Commissioner, Tribal Development and Others, (1994) 6 SCC 241 is bad, illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India.

2. The brief facts of the case are that the petitioner claims to be the sister of late Yedla Chinna who committed suicide. She lodged a complaint on 23.03.2016 in Rajanagaram Police Station and the same was registered as Crime No. 76 of 2016 for the offence punishable under Section 306 r/w 34 of IPC and under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by Act 1 of 2016 (for short ‘the Act’). The 4th respondent had conducted investigation, collected caste certificate from the 5th respondent-Tahsilda

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