VENKATA JYOTHIRMAI PRATAPA
Yanagani Sathyanarayana, (A1) – 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 45 seeking to quash the proceedings against them in C.C.No.188 of 2020 on the file of Special Court for SC/ST Cases-cum-VIII Additional District and Sessions Judge, Ananthapuram, registered for the offences punishable under Sections 341, 323 and 506 read with 34 of Indian Penal Code[For short ‘I.P.C’] and Section 3(1) (r) and (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989[For short ‘the Act’].
2. The facts of the case as mentioned in the complaint, in brief, are as follows:
a. Respondent No.2/Complainant is the resident of Sainagar, Mudigubba Village and Mandal and has been eking out his livelihood by establishing a water plant on the subsidy given by the Government. He belongs to ST-Erikala community. On 04.05.2020 at about 6.30 p.m., while he was standing in front of his water plan, Petitioner No.1/Accused No.1 came to the water plant and asked as to “Emira Neellu Vadala Ledaa”.
b. When the complainant stated that due to lock down, he closed the plant at 12.00 p.m. Accused No.1 grew wild on him
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 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 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 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 petitioners as allegations did not constitute offences under IPC or SC/ST Act, emphasizing the necessity of prima facie grounds for prosecution.
The court emphasized the need for compelling reasons of abuse of process of law or glaring injustice to invoke the inherent powers of the High Court and highlighted the need for circumspection and ca....
The court emphasized the necessity of reasoned orders in judicial decisions and the inherent power to quash proceedings that constitute an abuse of the legal process.
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.
Point of law : Insulting/hurting anyone’s feelings on account of his caste, religion, tribe, language, etc., deprecated. The learned counsel referring these judgments vehemently contended that the co....
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