Andhra Pradesh High Court - Amravati
Ch.Ram Charan vs The State Of Andhra Pradesh on 13 October, 2020
[ 3240 ] (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THE THIRTEENTH DAY OF OCTOBER, s TWO THOUSAND AND TWENTY ' : PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 4443 OF 2020 Between: 1. Ch.Ram Charan, S/o.Sri Ch.Chanti @ Mechanic Chanti Hindu, aged 23 years, Occ Private Service R/o.Chakkavari Street, 37th Ward TVS Showroom Back side, Bhimavaram West Godavari District, Andhra Pradesh (A-1) 2. Chennu Chanti @ Mechanic Chanti, S/o.Sri Ch.Peraiah Hindu, aged 44 years Occ Business, R/o.Door No.3-5-4, Chekkavari Street Near Town Railway Station, Bhimavaram West Godavari District, Andhra Pradesh (A-2) 3. Konala Venkata Reddy, S/o.Sri K.Lakshman Reddy Hindu, aged 23 years, Occ Private Service R/o.Sarojini Nagar, Near Sai Chitralaya Theatre Palakol, West Godavari District, AP (A-3) 4. N.Sai Surya Teja, S/o.Sri N.Subba Rao Hindu, aged 20 years Occ Private Service R/o.Door No.2-11-56/2 Rama Raju Thota, Siva Raopeta Bhimavaram, West Godavari District Andhra Pradesh (A-4) 5. Yatham Subbarayudu Balu @ Ramu, S/o.Sri Y.V.Satyanarayana Hindu, aged 23 years, Occ Private Service R/o.Door No.13-15-4/9, Ammiraju Thota Gunipudi, Bhimavaram, W.G.District Andhra Pradesh _ . (A-5) 6. Kurella Sai Venkata Swamy Naidu @ Vinay, S/o.Sri K. Venkata Raju Hindu, aged 23 years, Occ Private Service R/o.Door No.150, 7th Ward, Maruthinagar Bhimavaram, West Godavari District, AP (A-7) 7. N.S.D.Sai Vamsi, S/o.Sri N.Subba Rao Hindu, aged 22 years Occ Private Service R/o D No.2-11-56/2 Ramaraju Thota Siva Rao Peta, Bhimavaram West Godavari District, Andhra Pradesh (A-8) 8. K.Dilip, S/o. Sri K.Siva Naga Venkata Satyanarayana Hindu, aged 26 years, Occ Private Service R/o.Door No.3-11-21, Bhimavaram West Godavari District Andhra Pradesh (A-9) Petitioner/A-1 to A-5 and A-7 to A-9 AND 1. The State of Andhra Pradesh, Sub-Divisional Police Officer Narasapuram Sub- Division, West Godavari District Rep by public prosecutor High Court Amaravathi. 2. Nelaparti Jayananda Rao, S/o Sri.N.D.N.Jaya Kumar Aged about 22 years, Occ Not Known R/o Door No.9-9-05,Bridgepet Gunipudi, Bhimavaram, West Godavari District, Andhra Pradesh. Respondents WHEREAS the Petitioner above named through their Advocate SRI K CHIDAMBARAM presented this Petition under Section 482 of Cr.P.C, praying that the High Court may be pleased to call for the records in SC, ST SC No.70/2020 on the file of the VIII Additional District Judge, West Godavari, Eluru-cum-Special Judge, under SCs, STs (POA) Act, 1989 and quash the same in so far as the petitioners/ A-1 to A-5 and A-7 to A-9 are concerned as the same is illegal, gross abuse of power and abuse of process of law AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri K CHIDAMBARAM Advocate for the Petitioner, and of PUBLIC PROSECUTOR for Respondent No.1 directed issue of notice to the Respondent No.2 herein to show cause as to why this CRIMINAL PETITION should not be admitted. You viz: Nelaparti Jayananda Rao, S/o Sri.N.D.N Jaya Kumar Aged about 22 years, Occ Not Known R/o Door No.9-9-05,Bridgepet Gunipudi, Bhimavaram, West Godavari District, Andhra Pradesh. . are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this CRIMINAL PETITION should not be admitted, within four weeks IA NO: 1.OF 2020 | Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings including appearance of the petitioners/ A-1 to A-5 and A-7 to A-9 in SC, ST SC No.70/2020 on the file of the VIII Additional District Judge, West Godavari, Eluru-cum-Special Judge, under SCs, STs (POA) Act, 1989 pending disposal of CRLP No.4443 of 2020, on the file of the High Court. The Court made the following: ORDER:
"Learned Public Prosecutor takes notice on behalf of respondent No.1 and seeks time to get instructions.
Issue notice to respondent No.2 Learned counsel for the petitioner is permitted to take out personal notice on respondent No.2 by registered post with acknowledgement due and file proof of service within four weeks.
Heard Sri K.Chidambaram, learned counsel for the petitioners and learned Public Prosecutor for respondent No.1-state.
This petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in SC No.70 of 2020 on the file of the VIII Additional District Judge, West Godavari, Eluru-cum-Special Judge, under SCs, STs (POA) Act, 1989 in respect of the petitioners/A1 to A5 and A7 to A9, wherein they are alleged to have committed offences punishable under the 143, 341, 342, 323, 324 and 307 read with 149 of the Indian Penal Code and Sections 2(2)(v) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC & ST Act').
The case of the petitioners is that respondent No.2/complainant who is studying B.Tech (final) year in SRKR Engineering College lodged a report alleging that on 20.07.2018 on receiving call from one Chennu Ram Charan who is his brother's friend, respondent No.2 along with his brother and friends went to the shed situated at Town Railway Station. The accused by abusing beat respondent No.2 and others with rods due to which they sustained bleeding injuries. Basing on the same, crime was registered and numbered as S.C.No.70 of 2020.
Learned counsel for the petitioners submits that the charge sheet reveals that Investigating Officer after thorough enquiry registered the crime under Section 307 I.P.C. but during the course of investigation found that Section 307 is not attracted as they could not seize any incriminating material i.e. crime weapons from the scene of offence and after examining the witnesses deleted Section 307 |.P.C. But, later the second investigating officer has again added Section 307 I.P.C.
Learned counsel for the petitioners has drawn the attention of this Court to the injuries certificate and points out that the injuries are simple in nature and as such Section 307 I.P.C. is not attracted to the offences. Leanred counsel for the petitioners submits that in the entire evidence of the witnesses there is no whisper about abusing them in the name of the caste and therefore the provisions under SC & ST Act also do not attract to the case.
Learned Public Prosecutor submits that disputed questions cannot be gone into and it will only come into light once trial is commenced.
In view of the fact that the crime weapons as alleged were not recovered and the injuries sustained by respondent No.2 are simple in nature and also considering the fact that prima facie there are no allegations of abusing respondent No.2 in the name of caste, there shall be stay of all further proceedings in SC, ST SC No.70 of 2020 on the file of learned Vill Additional District Judge, West Godavari Eluru -- cum --Special Judge under SCs, STs (POA) Act, 1989 in respect of the petitioners herein.
Post after four weeks. Sd/- B. NARSING RAO I(TRUE COPY// oR w& The VIil Additional District Judge, West Godavari, Eluru-cum-Special Judge, under SCs, STs (POA) Act, 1989 Nelaparti Jayananda Rao, S/o Sri.N.D.N Jaya Kumar Aged about 22 years, Occ Not Known R/o Door No.9-9-05,Bridgepet Gunipudi, Bhimavaram, West Godavari District, Andhra Pradesh. (by RPAD- along with a copy of petition and memorandum of grounds) One CC to SRI K CHIDAMBARAM Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court of AP [OUT] One spare copy HIGH COURT LKJ DATED:13/10/2020 POST AFTER FOUR WEEKS NOTICE BEFORE ADMISSION CRLP.No.4443 of 2020 STAY