Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to to call for the records relating to SC/ST SC No. 2/2023 on the file of VI Addl. sessions Judge cum Special court for the trial of cases under ST ST (POA) Act at Kurnool including the cognziance dated 5.1.2023 and to quash the same against the petitioners/A1 and A2 and pass

IA NO: 1 OF 2023

Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased pleased to grant stay of all further proceedings in SC/ST SC No. 2/2023 on the file of VI Addl. sessions Judge cum Special court for the trial of cases under ST ST (POA) Act at Kurnool including cognizance order dated 5.1.2023 and pass

IA NO: 1 OF 2024

Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased may be pleased to vacate the order granted by this Hon'ble Court in IA. No. 01 of 2023 in CRLPNo.3174 of 2023, dated 02.05.2023 and dismiss the CRLP.3174 of 2023 and pass

Counsel for the Petitioners/accused:

Sri S.Dushyanth Reddy for Sri Gudi Madhusudhan Reddy

Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR (AP)

2. CHALASANI AJAY KUMAR

The Court made the following:

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

CRIMINAL PETITION NO: 3174 OF 2023

O R D E R:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners/ Accused Nos.1 and 2, to quash the proceedings in SC/ST Sessions Case No.2 of 2023 on the file of the learned VI Additional District and Sessions Judge-cum-Special Judge for trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, Kurnool (for brevity ‘the learned Special Judge’), arising out of a complaint filed by 2nd respondent/complainant under Section 200 of the Code of Criminal Procedure, 1973, which was taken on file by the learned Special Judge for the offences punishable under Section 506 read with 34 of the Indian Penal Code, 1860 (for brevity ‘IPC’) and Section 3 (1) (r) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015 (for brevity ‘the Act, 2015’).

The allegations in the complaint, in brief, are as follows.

Respondent No.2/complainant was working as a Head Constable in Dhone Town Police Station from the year 2019, as an attached DO (Duty Order), from Kowthalam Police Station to Dhone Town Police Station since 2019; that the accused No.1 was working as Sub-Inspector of Police, and accused No.2 was working as a Constable, in the same police station and they belong to Reddy and Yadava caste, respectively. On 22.03.2022, basing on some allegations, the Superintendent of Police, Kurnool suspended the respondent No.2/ complainant; that on 31.03.2022 at about 9.20 a.m., while the accused Nos.1 and 2 were proceeding on a motorcycle near K.E.Jayanna House, Kothapeta, near Ayyappa Swamy Temple, Dhone Town, the respondent No.2/complainant asked accused No.1 as to why he got him suspended and what was his fault, and on that, accused Nos.1 and 2 were alleged to have abused him by touching his caste stating that ‘నువ్వ ెందిరా మ్ము లను అడిగేదిరా, ఏరుకుల నా కొడకా, నీ బ్రతుకెంతరా, మీకే బ్రమోష్స్ వ్ᠴే ది కదరా, మేమే వ్నుకకుపోతునాా ్మ కదరా’, so saying the accused Nos.1 and 2 were alleged to have threatened the respondent No.2 /complainant with dire consequences; that L.W2/Ediga Jayamma, L.W3/Chakali Prasad and L.W4/Boya Shankar witnessed the incident and when the same was questioned, accused Nos.1 and 2 were alleged to have uttered as ‘ఈ ఎరుకలి నా కొడుకుది ఎకుు వెంది’ and they were alleged to have warned them too, as to not to reveal to anybody. Though the respondent No.2/complain