Application filed under Section 482 Cr.P.C. to quash criminal proceedings initiated on allegations of caste-based abuse. The court examined the remand report and witness statements and dismissed the petition, holding that further proceedings were justified.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY
Criminal Petition No.1750 of 2012
Date:16th February, 2012
Between:
Smt.Kotha Yadamma W/o.Shantaiah
..... Petitioner/A2
AND
State of A.P. rep. by its Public Prosecutor, High Court of A.P., Hyderabad Anr.
.....Respondents
THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
Criminal Petition No.1750 of 2012
ORDER:
This Criminal Petition has been taken out under Section 482 Cr.P.C. by A2 in Crime No.399 of 2011 of Jadcherla Police Station, Mahaboobnagar District, to quash the proceedings therein.
2. Smt.Royyala Yadamma presented a report before the SubDivisional Police Officer, Mahaboobnagar, on 12.11.2011 alleging, inter alia, that on 10.11.2011 at about 9.00 A.M. she went to the house of her brother-in-law-Devayya at Jadcherla pleading for terminal benefits consequent on the death of her husband. Thereupon, she has been abused by A1 and the petitioner herein, who has been arrayed as A2, in the name of her caste. Her complaint came to be forwarded to the Inspector of Police, Jadcherla P.S. Basing on the said complaint, a case in Crime No.399 of 2011 came to be registered. During the
course of investigation, A1 Royyalla Devaiah came to be arrested on 07.02.2011. Hence, this Criminal Petition by A2 under Section 482 Cr.P.C. with the prayer stated supra.
3. Heard learned counsel appearing for the petitioner and perused the material brought on record.
4. Learned counsel appearing for the petitioner submits that the abuses allegedly made against the 2nd respondent-de facto complainant naming her caste are attributable to A1 and therefore, the further proceedings in Crime No.399 of 2011 relatable to the petitioner herein, who has been arrayed as A2, cannot be justified.
5. I have gone through the remand report of A1, dated 07.02.2012. The investigation revealed that the petitioner herein abused the 2nd respondent-de facto complainant in the name of her caste. The police have examined the de facto complainant and four more witnesses. The witnesses examined by the police supported the version of the 2nd respondent-de facto complainant. Such is the material available on record, further proceedings in Crime No.399 of 2011 cannot be interdicted by invoking the provisions of Section 482 Cr.P.C.
6. Accordingly, the Criminal Petition is dismissed.
______________________ B.SESHASAYANA REDDY, J.
Date:16th February, 2012. cs
THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY
Criminal Petition No.1750 of 2012
Date:16th February, 2012
2 issues framed by the court
Whether the criminal proceedings in Crime No. 399 of 2011, initiated against the applicant based on caste-based abuse complaints, can be quashed under Section 482 Cr.P.C.
Whether the material on record, including police examination and witness testimony, justifies rejecting the plea to interdict further proceedings against the applicant.
1 provisions across 1 enactments
Smt. Kotha Yadamma W/o. Shantaiah
State of A.P. rep. by its Public Prosecutor, High Court of A.P., Hyderabad
B. Seshasayana Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
