Dismissed

Kodangu Vijaya Laxmi v. State of Andhra Pradesh

Telangana HC1 Jul 2011CRLP/3883/2011

Case brief

AI extract

What is this about?

The court dismissed a criminal petition under Section 482 Cr.P.C. challenging proceedings under the SC/ST (PoA) Act. It held that prima facie allegations of caste-based abuse and assault supported the need for a full trial, as motive is an issue for evidence.

What did the court decide?

Criminal Petition No.3883 of 2011 is dismissed, upholding further proceedings in S.C.No.9 of 2011.

Kodangu Vijaya Laxmi Vs State of Andhra Pradesh — Caste Atrocities | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY

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CRIMINAL PETITION No.3883 OF 2011

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DATED: 01.07.2011

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ORDER:

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This petition is filed under Section 482 of Cr.P.C., for quashing further proceedings in S.C.No.9 of 2011 on the file of the learned Special Judge for trial of offences under the Scheduled Castes & Scheduled Tribes

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(Prevention of Atrocities) Act, 1989.

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2. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor representing the 1^st respondent-State. Perused the record.

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3. Petitioners-A1 & A2 are accused of the offence under Section 3 (1) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. On a complaint given by the 2^nd respondent herein, police registered a case in Cr.No.43 of 2009 of Wanaparthy Town police station and after due investigation filed a charge sheet against the petitioners which was taken cognizance as P.R.C.No.41 of 2010 and later as S.C.No.9 of 2011.

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4. According to the complainant, he belongs to Scheduled Caste and that on 07.03.2009 at about 9.00 a.m. he went to the house of one Satyanarayana for the purpose of effecting repairs and also painting and that

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the petitioners herein-A1 and A2, who are residing in the house, abused the complainant in the name of his caste and assaulted him. The complaint and also charge sheet disclose specific allegations against the petitioners to the effect that they abused the complainant in the name of his caste and took objection to his entering the house in view of his caste. Having regard to the fact that the ingredients of the alleged offence are prima facie attracted, the matter requires a full-fledged trial to ascertain the truth or otherwise thereof.

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5. Learned counsel for the petitioners would submit that the petitioners-accused are strangers to the complainant as they are tenants in the house and had no acquaintance with the complainant and therefore there was no occasion to them to know about his caste and a false case is filed against them.

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6. The existence or absence of any motive for the alleged offence is a matter to be gone into during the course of the trial on evidence and cannot be considered at this stage in the present proceedings. As the complaint and the charge sheet disclose specific overt acts against the petitioners-accused, prima facie attracting the ingredients of the alleged offence, it is held that there are no valid or justifiable grounds to quash the further proceedings against the petitioners-accused in S.C.No.9 of 2011.

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7. In the result, Criminal Petition is dismissed.

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G.V.SEETHAPATHY, J

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01^st July, 2011 Tsy

Kodangu Vijaya Laxmi v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kodangu Vijaya Laxmi v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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