State of Andhra Pradesh VS Thallapalli Maheswara Reddy

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Y. LAKSHMANA RAO
State of Andhra Pradesh – Appellant
Versus
Thallapalli Maheswara Reddy – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner: Public Prosecutor (AP)
For the Respondents: Shaik Mohammed Ismail

ORDER

Criminal Revision Case has been preferred under Sections 397 and 401 of Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’) feeling aggrieved by the order of discharging the Respondents/Accused Nos.1 to 8, vide order dated 20.03.2020 in Crl.M.P.No.612 of 2019 in Spl.S.C.No.74 of 2018 on the file of the learned IV Additional District & sessions Judge, Kadapa (for short the Trial Judge) for the alleged offences punishable under Sections 3(2)(v) and 3(2)(vi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity ‘the SC/ST (PoA) Act’).

2. Ms. P. Akhila Naidu, learned Assistant Public Prosecutor while reiterating the grounds of the Revision, argued that the impugned order dated 20.03.2020 passed by the learned IV Additional District and Sessions Judge, Kadapa in Crl.M.P.No.612/2019 is liable to be set aside as being legally unsustainable, factually erroneous, and procedurally improper. The discharge of the accused persons therein was affected without due appreciation of the material facts and without a proper application of judicial mind to the contents of the charge sheet and the consequent circumstances of the case.

2.1. The