THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.5176 of 2025

ORDER:

This Criminal Petition is filed seeking to quash the proceedings against the petitioner in S.C.Spl.No.122 of 2024 on the file of the Special Sessions Judge for Trial of Cases under SCs & STs (POA) Act - cum - VII Additional District and Sessions Judge, Khammam, registered for the offences punishable under Sections 294(b), 323 and 324 read with 34 of IPC and Section 3(1)(r)(s), 3(2)(Va) of SC/ST POA Act, 1989 and amendment Act, 2015(1) of 2016.

2. The brief facts of the case are that on 26.05.2024 respondent No.2/de facto complainant lodged a complaint before the police station stating that on the same day at about 2:15 PM, he attended the "Annaprasana" function of Racharla Nagendra's son at Amma Function Hall, Peddamagudi. After the function, as he was leaving the venue, he noticed that Mallu Jyothibasu Thallapalli Raju Gowd, Shettipalli Pranaykumar, and Sk. Yakub, all residents of Hamali Colony, were physically assaulting Vallabaneni Shiva Prasad and Sajja Srinivasa Rao by beating and kicking them. When the complainant tried to intervene and questioned them, Jyothibasu became angry, abused him in filthy language, and insulted him by referring to his caste in a derogatory manner. Further, Sk. Yakub attacked the complainant with a stone, causing a bleeding injury near his right eye. While Kompelli Veeraiah was trying to take him to the hospital, Mallu Jyothibasu again hit him on his face.

3. Basing on the said complaint, the Police registered a case in Crime No.105 of 2024 of Poloncha Rural Police Station, Khammam District, for the offences punishable under Sections 294(b), 323 and 324 read with 34 of IPC and Section 3(1)(r)(s), 3(2)(Va) of SC/ST POA Act, 1989 and amendment Act, 2015(1) of 2016 and after completion of investigation, they filed charge sheet, vide S.C.Spl.No.122 of 2024, before the Special Sessions Judge for Trial of Cases under SCs & STs (POA) Act - cum - VII Additional District and Sessions Judge, Khammam. Aggrieved thereby, the petitioner/accused No.1 filed the present criminal petition to quash the proceedings against him.

4. Heard Sri S. Madan Mohan Rao, learned counsel appearing on behalf of the petitioner as well as Sri M. Vivekananda Reddy, learned Assistant Public Prosecutor appearing on behalf of the respondent Nos.1 and 2 and Sri Pulla Rao yellanki, learned counsel appearing on behalf of respondent No.3.

5. Learned counsel for the petitioner submitted that the petitioner had lodged a complaint dated 26.05.2024 with the Station House Officer, Palvancha Rural, which was registered as FIR No.106 of 2024 for the offences punishable under Sections 294(b), 323, and 506 read with Section 34 IPC against the 3rd respondent herein, one Shiva Prasad Vallabhaneni (LW-2), and one Sajja Srinivas Rao (LW-3). He further submitted that after due investigation the Station House Officer filed a charge sheet dated 13.06.2024 against accused Nos.1 to 3 in the said case, wherein the 3^rd respondent is arrayed as accused No.3 and that the II Additional Judicial Magistrate of First Class, Kothagudem, had taken cognizance of the said charge sheet as C.C.

No.1193 of 2024.

6. Learned counsel for the petitioner contended that that the accused persons in the said case, including the 3^rd respondent, admitted their guilt and were accordingly convicted under Section 252 Cr.P.C. on 25.09.2024 and that the present case in S.C.Spl.No.122 of 2024 is a counter to C.C.No.1193 of 2024, and the conviction order dated 25.09.2024 clearly establishes that the de facto complainant in the present case is the aggressor and the petitioner is the victim. He further contended that the contents of FIR No.105 of 2024, dated 26.05.2024, along with the complaint and charge sheet filed therein, clearly demonstrate that the petitioner had been attacked by the de facto complainant. It is submitted that there is no material to suggest any intention or motive on the part of the petitioner