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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
E.V.VENUGOPAL
Nirupama Dadi – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. background of marital disputes involving caste issues. (Para 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding the applicability of the sc/st (poa) act. (Para 9 , 10 , 11 , 12) |
| 3. court's consideration of evidence and public view requirement. (Para 13 , 14 , 15 , 17 , 18) |
| 4. ratio on requirement of public view for sc/st (poa) act offenses. (Para 19 , 20) |
| 5. conclusion quashing proceedings against petitioners. (Para 21) |
ORDER:
The present Criminal Petition is filed seeking to quash the proceedings in S.C.No.229 of 2020 on the file of the learned Special Sessions Judge for SC/STs (POA) Act, 1989-cum-III Additional District & Sessions Judge, Ranga Reddy District.
2. Heard Mr. Vimal Varma Vasireddy, learned counsel for the petitioner and Mr. E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1 State.
3. On 04.04.2019, the de-facto complainant lodged a report against the petitioners. Both were college classmates. The complainant left for Australia in 2003 to pursue higher education and returned to Hyderabad in 2006, started his own architectural and interior design business in 2007. The marriage of the 1st petitioner was performed with her brother-in-law and sh
Allegations of caste-based abuse must occur in public view to be actionable under the SC/ST (POA) Amendment Act; domestic disputes are not covered under this statute.
Section 3(1)(r) of the SC and ST Act makes it manifest that mere insult or intimidation with an intention to humiliate a member of Scheduled Caste or Scheduled Tribe by itself is not made an offence.....
Charges under SC/ST Act require intentional, public misconduct; private disputes don’t meet criteria for offences.
Disputed facts should be decided in trial, and criminal complaints cannot be quashed solely on the ground that the allegations are civil in nature.
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