THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.8663 2018

ORDER

This writ petition is filed seeking for the following relief:

“

to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent no.3 herein in not investigating the crime no.21/2018 of P.S. Madhapur under sec.3(1)(r)SC/ST(POA) Act, 2015 and 506 IPC effectively and fairly and providing protection to the victim of atrocity as per the SC/ST (POA) Act, 2015 as illegal, arbitrary, discriminatory and violation of law and violatino of SC/ST (POA) Act, 2015 and it is also further prayed that this Honble Court may be pleased to declare the action of the respondent no.2 herein in not registering crime under appripriate section of laws as per the information lodged by the petitioner herein dt.05.01.2018 and subsequent registration of crime no.21/2018 as illegal and against the law and as wll as against the SC/ST (POA) Act, 2015 consequently direct the respondent no.4 and 1 herein to initiate proceedings under sec.4 of the SC/ST (POA) Act, 2015 for neglecting and deriliction of duties under the said Act and also initiate civil, criminal and disciplinary proceedings against the respondent nos.5 and 6 herein for violation of sec.4 of the SC/ST (POA) Act, 2015 and pass”.

2. Heard Ms.S.Ashritha, learned counsel for the petitioner and Mr.D.Pradeep, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4.

3. Learned counsel for the petitioner submits that, challenging the inaction of the respondent police authorities, particularly respondent No. 3, in connection with Crime No. 21 of 2018, the present petition has been filed seeking appropriate directions and initiation of proceedings under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015.

4. Learned Assistant Government Pleader for Home submits that, after due investigation and upon obtaining the caste certificate of the accused, the allegations falling within the purview of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015 were found to be not made out and were, therefore, dropped. The proceedings under Section 506 of the Indian Penal Code were continued, and the case was registered as C.C. No. 137 of 2018 on the file of the learned II Additional Metropolitan Magistrate, Kukatpally. He further submits that, in the matter after due trial, the accused were acquitted on 04.03.2022. Hence, the contention of the petitioner does not survive for consideration.

5. I have perused the material available on record.

6. The grievance of the petitioner is that the respondent police authorities did not properly conduct the investigation and failed to initiate proceedings against the accused under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015. The explanation offered by the respondent police authorities indicates that, upon verifying the caste particulars of the accused, it was found that the provisions of the special enactment were not attracted, and therefore, those allegations were dropped, while the remaining offences were proceeded with through the filing of a charge sheet.

7. This factual position demonstrates that the respondent police authorities exercised their discretion judiciously. The contention of the petitioner regarding non-invocation of the provisions under the special enactment is, therefore, found to be untenable.

Furthermore, as the calendar case has already culminated in acquittal after due trial, this Court is of the considered view that nothing further remains for adjudication in this writ petition.

8. Accordingly, this writ petition is dismissed as infructuous. No order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

________________

N.TUKARAMJI, J

Date:31.10.2025

AQS

THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.8663 OF 2018

31.10.2025 AQS