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VENKATA JYOTHIRMAI PRATAPA
Nagineni Nageswar Rao – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
The instant petition under Section 482 of Code of Criminal Procedure, 1973[For short “Cr.P.C”] has been filed by the petitioners/Accused Nos.1 to 7, 11 and 12 seeking to quash the proceedings against them in Crime No.122 of 2019 on the file of the Mannur Police Station, Rajampet Mandal, YSR Kadapa District, which was registered for the offences punishable under Section 323 read with 34 of Indian Penal Code[For short “I.P.C”], Section 3 (1) (r) (s) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989,[For short “the Act”] and Section 132(3) of the Representation of the People Act.
2. The allegations mentioned in the complaint, in brief, are as follows: a. On 11.04.2019 at 3.00 p.m., while Respondent No.2 was acting as a Polling Agent of YSR Congress Party and the polling was going on, petitioners herein along with other accused came to the polling booth and abused him in the name of his caste stating that “Emira Mala Naa Kodaka, inthamandi kamma vaalla madhyalo neevu agent ga nilabadathava, ninnu road meeda vesi narikithe evaru addam vastharu”. Saying so, they attacked him with rods. When Respondent No.2 raised cries, Respondent No.3 who came for his res
The court quashed proceedings against the accused due to lack of prima facie evidence and emphasized the need for compelling reasons to invoke inherent powers under Section 482 Cr.P.C.
The court quashed proceedings against the accused due to lack of prima facie evidence and emphasized the need for specific overt acts in cases under the SC/ST Act.
The court quashed proceedings against petitioners as allegations did not constitute an offence under the SC/ST Act, emphasizing the need for prima facie grounds for prosecution.
The court emphasized that quashing proceedings requires compelling reasons, particularly when allegations are vague and unsupported by evidence.
The court emphasized that inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process and ensure justice, allowing for investigation into allegations.
The court quashed proceedings under the SC/ST Act due to lack of public view in the alleged incident, emphasizing the need for specific ingredients to establish the offence.
Insults under the SC/ST Act must occur in public view; absence of this element negates the offence.
The court quashed proceedings against petitioners as allegations did not constitute offences under IPC or SC/ST Act, emphasizing the necessity of prima facie grounds for prosecution.
The main legal point established in the judgment is that a second complaint relating to the same incident is not prohibited under the Code, and if it presents a different version with additional alle....
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