Disposed

G Jaya Sankar Naidu v. The State of Andhra Pradesh

Andhra Pradesh HC1 Dec 2022CRLP/3930/2022

Case brief

AI extract

What is this about?

This order dismisses a criminal petition against individuals accused under the SC/ST Act and IPC. The court directs the investigating officer to verify caste certificates of two respondents and adhere to Arnesh Kumar guidelines regarding arrests for offences punishable under seven years.

What did the court decide?

Petition disposed of; shifted to notice-quashing process under Sec. 41-A Cr.P.C; investigation to verify caste certificates before proceeding.

G Jaya Sankar Naidu Vs The State of Andhra Pradesh — Caste Atrocities | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO CRIMINAL PETITION NO.3930 of 2022

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ORDER:

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The petitioners are Accused Nos.1 to 4 in crime No.71 of 2022 on the file of the S.R. Puram Police Station, Chittoor District for the offences under Sections 323, 354 r/w 34 of Indian Penal Code and Sections 3(1) (s) & 3 (2) (va) of the Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act, 1989.

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The allegation against the petitioners is that the petitioners had abused the defacto-complainant in the name of her community and had also assaulted her when she sought to object to a meeting that they were seeking to set up in the village.

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The petitioners contend that the said complaint is a false complaint and the necessary ingredients to make out the offences set out in the complaint are not available in the complaint made by the defacto-complainant. They would further submit that the complaint itself has been filed on

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account of political differences between the petitioners and the defacto-complainant.

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The petitioners Nos.2 and 4 raise an additional ground. It is stated that the petitioners Nos.2 and 4 also belong to a Scheduled Caste Community and as such they cannot be charged for an offence under the Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act.

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Sri N. Ashwinin Kumar, learned counsel for the petitioners would also place before this Court, the copies of the caste certificates showing that the petitioners Nos.2 and 4 are members of Scheduled Caste Community.

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As the complaint is at the initial stage of investigation, it would not be appropriate to pass any order merely on the basis of a complaint and further the allegations in the complaint require to be investigated before any conclusion can be drawn in the case.

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For these reasons, this Criminal Petition is disposed of. However, in view of the fact that all the allegations relate to offences which attract punishment of less than seven years

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imprisonment, the petitioners would be entitled to the benefit of notices under Section 41-A of Cr.P.C. and the investigation would have to be carried out strictly in accordance with the guidelines issued by the Hon’ble Supreme Court of India in

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the case of Arnesh Kumar Vs. State of Bihar¹ .

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The Investigating Officer shall also consider the certificates produced by the petitioners Nos.2 and 4 to demonstrate that they belong to the Scheduled Case Community and would therefore not be liable for any offences under Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act. This exercise of verification shall be carried out before any further investigation is carried out against the petitioners Nos.2 and 4 in relation to the offences under Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act.

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Miscellaneous petitions, pending if any, shall stand

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closed.

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____________________________ R. RAGHUNANDAN RAO, J

01.12.2022 MJA

1 2014 (8) SCC 273