Allowed

Baswaraju Shankar v. The State of Telangana

Telangana HC19 Nov 2024CRLP/7251/2024

Case brief

AI extract

What is this about?

The High Court allowed a quashing petition and accompanying applications to record compromise and compound offences under SC/ST (POA) Act, 1989. Proceedings against six accused in sessions court were quashed.

What did the court decide?

I.A.Nos. 3 and 4 of 2024 allowed to record compromise and compound offences; Criminal Petition for quashing allowed; proceedings against accused Nos. 1 to 6 quashed.

Baswaraju Shankar Vs The State of Telangana — Caste Atrocities | Telangana HC (2024)

¶1

13257 |

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

TUESDAY, THE NINETEENTH DAY OF NOVETMBER

¶4

TWO THOUSAND AND TWENTY FOUR

¶5

PRESENT

¶6

THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

¶7

l.A.Nos. 3 and 4 of 2O24

¶8

in/and

¶9

CRIMINAL PETITION NO: 7251 OF 2024

¶10

Between:

¶11

'1 . Baswaraju Shankar, s/o Rajaiah, age. 52 years, Occ. Business, Rl/o. Theegalakuntapally v/o Kohedamandal, now at Karimnagar.

¶12

Basawaraju Amar, s/o Shankar, age. 26 years, Occ. Business Rl/o.Theegalakuntapally v/o Kohedamandal, now at Karimnagar.

¶13

Gagilam Srinivas, s/o Bhoomaiah, age. 50 years, occ. Engineer, Rl/o H.No.931/38 Ganesh Temple, S.V.Nagaram Rangareddy District

¶14

Gattu Sridhar, s/o Rayamallu, age.35 years, occ. II/PTC, R/o Kondapalkala, v/o Manakondurmandal, now at Karimnagar.

¶15

NandhagiriRavindar Chary, s/o Ramchandram, age. 52 years, occ. Business Fl/o Munjampally of Manakondurmandal, Karimnagar.

¶16

DachepalliAnjaneyulu, s/o Lingaiah, age.49 years, Rl/o Mustafanagar v/o Khammam (Urban) Karimnagar District.

¶17

...Petitioner / Accused No.1 to 6

¶18

AND

¶19

The State of Telangana, Rep by Public Prosecutor, High Court of Hyderabad

¶20

RagulaThirupathi Jaligam Srinivas, s/oKistaiah, age.39 years, Rl/ o Theegalakuntapally village, Kohedal (m), Siddipet District

¶21

.Respondent / Gomplainant

¶22

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records pertaining to S.C.Spl.No. 140 of 2022 on lhe file of Hon'ble Special Judge, for Trial of Cases under SCs and STs (POA) Act, 1989-cum-lll Additional District and Sessions Court, Sanga Reddy and quash the same.

¶23

I^{As per Court Order dated 23-01-2025in l.A.No.1and 2 of 2025 Court Nameis} amended l

¶24

l.A. NO: 2 OF 2024

¶25

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further^proceedings in S.C.Spl.No. 140 of 2022 on the file of Hon'ble Special Judge, for Trial of Cases under SCs and STs (POA) Act, 1989-cum-lll Additional District and Sessions Court, Sanga Reddy including for personal appearance of the petitioner, pending disposal of the above criminal petition.

¶26

lAs^{per Court Order dated 23-01-2025in LA.No.'1and 2 of 2025 Court Nameis} amended l

¶27

l.A.NOs:3&4OF2024

¶28

Between:

¶29

RagulaThirupathi Jaligam Srinivas, s/oKistaiah, age.39 years, Rl/ o Theegalakuntapally village, Kohedal (m), Siddipet District

¶30

...Petitioner / Respondent / De-facto Complainant AND

¶31

Baswaraju Shankar, s/o Rajaiah, age. 52 years, Occ. Business, Fl/o. Theegalakuntapally v/o Kohedamandal, now at Karimnagar.

¶32

Basawaraju Amar, s/o Shankar, age. 26 years, Occ. Business Rt/o.Theegalakuntapally v/o Kohedamandal, now at Karimnagar.

¶33

Gagilam Srinivas, s/o Bhoomaiah, age.50 years, occ. Engineer, R/o H.No.931/38 Ganesh Temple, S.V.Nagaram Rangareddy District

¶34

Gattu Sridhar, s/o Rayamallu, age. 35 years, occ. IVPTC, Rl/o Kondapalkala, v/o Manakondurmandal, now at Karimnagar.

¶35

NandhagiriRavindar Chary, s/o Ramchandram, age. 52 years, occ. Business Rl/o Munjampally of Manakondurmandal, Karimnagar.

¶36

DachepalliAnjaneyulu, s/o Lingaiah, age. 49 years, Fi/o Mustafanagar v/o Khammam (Urban) Karimnagar District.

¶37

The State of Telangana, Rep by Public Prosecutor, High Court of Hyderabad

¶38

...Respondents / Complainant

¶39

l.A. NO: 3 OF 2024

¶40

Petition under Section 359 (6) of BNSS praying that in the circumstances stated in the [Vlemorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner/ De-facto Complainant to Compound the offence registered against the petitioners/ Accused No.1 to 6 which is pending vide SC.Spl.No. 140 of 2022 on the file of Hon'ble Special Judge, for Trial of Cases under SCs and STs (POA) Act, 1989-cum-lll Additional District and Sessions Court, Sanga Reddy.

¶41

I^{As per Court Orderdaied 23-01-2025in l.A.No.1 and 2 of 2025 Courl Name is} amended l

¶42

l.A. NO: 4OF 2024

¶43

Petition under Section 359 (2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to compound the Compromise petition against the petitioners/ Accused No.1 to 6 which is pending vide SC.Spl.No.^'140 of 2022 on the file of Hon'ble Special Judge, for Trial of Cases under SCs and STs (POA) Act, 1989cum-lll Additional District and Sessions Court, Sanga Reddy.

¶44

I^{As per Court Order dated 23-01-2025in l.A.No.1 and 2 of 2025 Court Nameis} amended l

¶45

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S. Chandra Mohan Reddy, Advocate for the Petitioners and the Additional Public Prosecutor (TG/AP) on behalf of the Respondent No.1 and of Sri Chimpula Buchi Reddy, Advocate for the Respondent No.2.

¶46

The Court made the following Common Order:-

¶47

HON'BLE SMT. JUSTICE JUWADI SRI-DEVI

¶48

I.A.Nos.3 and 4 of 2024 in/and CRIMINAL PETITION No.7251 of 2 024

¶49

COMMON ORDER:

¶50

This Criminal Petition is filed under Section 482 of Cr.P.C, by the petitioners/accused Nos.l to 6 to quash the proceedings against them in S.C.Spl.No.l40 of 2t-)22 on the file of Special Judge, for trial of cases under SCs/STs (POA) Act,l989 -cum III Additionat District and Sessions Court, Sangareddy, registered for the offences punishable under Sections 323,506 of IPC; Section 3(l) (r) (s) SC ST POA Amendment Act, 2015.

¶51

It is submitted by learned counsel appearing for the petitioners as well as the respondent No.2, that during pendency of the present Criminal Petition, the parlies have compromised the matter and accordingly, I.A.Nos.3 and 4 of 2024 have been filed to record the compromise between them and to compound the offences.

¶52

¶53

Vide order dated 21.10.2024, this Courl directed the parties along with their respective counsel to appear before the

¶54

¶55

¶56

Secretary, High Courl Legal Services Committee, High Court for the State of Telangana, Hyderabad, for identification and to submit a report.

¶57

Pursuant to the above said direction issued by this Cour1, the parties have appeared and the Secretary, High Court Legal Services Committee, has identified the parties and submitted a reporl, dated 04.11.2024 and the same is placed on record.

¶58

In view of the above, I.A.Nos.3 and 4 of 2024 are allowed. Consequently, this Criminal petition is allowed and the proceedings against the petitioners/accused Nos.l to 6 in S.C.Spl.No.140 of 2022 on the file of Special Judge, for trial of cases under SCs/STs (POA) Act,l989 -cum III Additional District and Sessions Court, Sangareddy, are

¶59

hereby quashed.

¶60

Miscellaneous applications, if any pending, shall stand

¶61

closed-

¶62

Sd/- K AMMAJI ASSISTANT REGISTRAR

¶63

NOTE : This^{Order is amendedas per the Court} Order daLed^{23-01-2025passed in l A'Nos 1 & 2 of} 2025 in Crl P.No.7251^{of 2024 by correcting the trial} court name as^{'S.C.SplNo. l40 of 2022on the file of} Soecial Judqe. for Trial of^{Cases under SCsandSTs} \ fpoet Actl^{'tg8g-cum-ltlAdditional Districtand} \ bessions Court, Sanga^{Reddy"instead} .^of ' 'S.C.No.140 ol 2022 on the file of^{Special Sessions} Judge, Triat of^{SCs/STsPOAAct Cases-cum-V} Additional District &^{SessionsCourt, Karimnagar"} This amended copy^{substitutesthe earlier order} desPatched on^{28-11 -2024'}

¶64

¶65

Sd/. K AMMAJI ASSISTANT REGISTRAR

//TRUE COPY//

<br>

SECTION OFFICER

To,
1. The Special Judge, for Trial of Cases under SCs and STs (pOA) Act, 19g9_
cum-lll Additional District andSessions Court,-S*gi FeOtly -
2. Additional District llg Speciat Sessions Judge, and Seslions .luOqe,k;rimn-ao;; Triat of Scs, Sts-pOXAtt " " crs"s "rm v
3.
The Station House off icer, Kohedi F.si., -siaJipiibi.tri.t.
4. Two CCs to the public prosecutor, Higf,'Court ?oi thJ S-tate of Telangana,
Hyderabad [OUT].
w3 9n" 99 to Sri S.bhandra M9l.r1n Reddy, Advocare [OpUC],
9n" Q9 to Sri Chimputa Buchi Reddy, X;;"ili"l<jiUbl
n l-
Two CD Copies
VC/PR/va

¶71

¶72

HIGH COURT DATED: 1911112024 23101t2025

¶73

, I

¶74

AMENDED COMMON ORDER l.A.Nos.3 and 4 of 2024 in/and CRLP.No.7251 o12024

¶75

,,.9 )Fi r q
oA
,<br>'f,
u
03 ftrr 2[ rl C
!
t
.DES rrn t"

¶76

ALLOWING THE CRLP AND I.A.Nos. 3 and 4 of 2024

¶77

k---
qr\t

Baswaraju Shankar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Baswaraju Shankar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dandem Uday Kumar Vs The State of Telangana

Smt. Farhana Begum Vs The State of Telangana

Aruva Sai Karthik Vs The State of Telangana

Nampally Kumara Swamy, Vs The State of Telangana

Aloysius Deepak Vs The State of Telangana

D. Bhanu Chander Vs The State of Telangana