A writ petition filed by members of the Scheduled Caste community seeking quashing of criminal proceedings under the SC/ST (POA) Act 1989 on grounds of conspiracy and violation of Articles 14 and 21. The High Court of Telangana disposed of the petition.
Writ Petition No. 26377 of 2022 was dismissed without costs.
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.
132511
HIGH COURT FOR THESTATEOF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
WRIT PETITION NO: 26377 OF 2022
Between:
...pETrroNERs
AND
...RESPONDENTS
Petition under Article 226of lhe Constitutionof lndia praying that in the circumstances stated in theaffidavitfiled therewith, the High Court maybe pleased to issue an order or direction moreparticularlyone in the nature of writ of Mandamus declaringthe action of the officialRespondents No. 5 and 6 who were in collusionwith the unofficialRespondentsand foisted a false case against thepetitionersherein rn s.c. sPL No. 13 of 2022 on the file of Honoulble SpecialSessionsJ udgefor Trial of Cases under SCs and STs (POA) Act cum Vll AdditionalDistrict and Sessions Judge, at Khammamin connection with CrNo. 105/2020 dl- o4lo5l202otJls. 447,294(b)'324, 506' 109r/w34lPCandSec.3(2)(Va)ofSC/ST(PoA)ActAmendmentAct^015 of PS Dammapetaof Bhadrari Kothagudem District, Telangana and also filed charge and harassingthe petitionersin one or other as illegal, arbitrary and again'st theprinciplesof natural justice and also in violation of Articles 14,21 uia SOO-R oi theConstitutionof tndia and consequential Quash the same
lA NO: 1 OF 2022
PetitionunderSectionl5lCPCprayingthatinthecircumstances stated in the affidavitfiled in support of the petition, the High court may be pleased to stay all Iurtherproceedrngs in connection with S.c. sPL No.'13of 2022 on the file ofHonourable Specialsessions Judgefor Trial of cases under scs and sTs(POA) Act cum Vll Additional District and Sessions Judge, at Khammamrncluding a ppearance/arrestof petitioners'pending disposal of theWrit Petition
Counsel for the Petitioners:SRl. SHERI PRASAD
Counsel for the RespondentsNo lto6:GP FOR HOME
Counsel for theRespondents No.7to9: None Appeared
The Court madethe following:ORDER
-1 I
THE HONOURABLE SRI JUSTICE K.SURENDER
WRIT PETITION No .26377 oF 2022
ORDER:
This u,rit petition is filed for the following relief;
. . /o issue an order or direction more partianlarlg one tn the nature of Writ of Mandarnus d eclaing the action of the ofJicial respondents No.S and 6 utho tuere i.t collusion with the unofficial respondents foisted a false case against the petitioners herein in S.C.SPZ.1[o. 13 of 2O22 on tlte file of Hon,bte Special Sessions Judge forTiai of Cases rrircJer SCs & SIs lpOAi Act-cam-VII Add.itional Distict and Ses.sfuir.s Jirdgr,. at Khanmam in connection with CL No. 1 O5/ 2 02 O clt. 04. Ob. 20 -.- o U/ s.447, 294(b), 324, 506, t09 r/u.34 lPC anci Sec.3(2)(rcr; cr. SC.,/ S] (pOA) Act Amendment Act 2015 of PS Darnmapeta oj }lltadrad.i Kothagudem District, Telanganta ancl ois o fi.led cltarqe artd harassing the petitioners in one or other as illegal, arbitratll and against the pinciples of naturaL jttsttce cutd also it uiolc iort of Articles j4, 21 and. 3O0_A of the Constitution of htdru attd consequential euash the some...........
3 Learnedcotttlsel for thc llctitioners u'ould submitthat it is not a public P'lacenora tlvrr'orrls uscd to threaten or insuit
Havingkr-ros ledge that victims belong to Scheduled Castcor SchedulcdTribt',i1 anv offence rs committed under IPC'the provisio:-t unclerScctton 3 (21 (Va)can be invoked'
Misccilan-reotrstr'llpiicationspen-ding' if any' sha11 stand closecl-
SD/- L. SIVAPARVATHI ASSISTANTREGISTRAR
/iTRUECOPY// SECTI OFFICER
q
HIGH COURT
DATED:21 10412023
/. ,.
I:ir:, ]t'\N 1\11
''L:.-
ORDER
WP.No.26377 of2022
DISMISSING THE WRIT PETITION WITHOUT COSTS
@c"tt..!
.rG 5 ,?3
2 issues framed by the court
Whether a petition for quashing criminal proceedings under the SC/ST (POA) Act succeeds on the facts found. Which page does this not specify
Whether the High Court should grant the relief sought in the Writ Petition filed under Article 226 of the Constitution.
Uke Nagamma
Katari Laxmi
Kanithi Nagamani
Katari Pallavi
Uke Kumari
The State of Telangana
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
