Telangana High Court
Amanchi Krishna Mohan A1, Prakasam 2 ... vs State Of Ap., Rep By Pp., on 14 December, 2018
HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO
CRIMINAL PETITION No.4123 of 2015
ORDER :
The petitioners are A.1 to A.3 of P.R.C.No.6 of 2015 on the file of the Additional Judicial First Class Magistrate, Chirala of Prakasam District, taken cognizance from the police investigation after registration of Crime No.180 of 2014, dated 05.10.2014, for the offences punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribues (Prevention of Atrocities) Act, 1989 (for short, 'the SC/ST Act') and under Sections 143, 147, 323, 353 and 509 read with 149 IPC. There are in all about 23 accused, from the police final report and also the committal proceedings in P.R.C.No.6 of 2015 pending. The prosecution after investigation having examined 22 witnesses including the three official witnesses right from the Head Constable and two Sub Division Police Officers respectively, for the offences supra, that was taken cognizance by the committal Magistrate under Section 190 read with 209 Cr.P.C. to commit by following the procedure under Section 209 Cr.P.C. It is the said committal proceedings now impugned including the said cognizance order.
2. One of the contentions is that the de facto complainant, who set the law in motion in registration of the crime is not Scheduled Caste by caste but BC-C having been already converted as a Christian and even she conducted with the banner BC-C in the previous panchayath elections and the police investigation itself from page 3 para 2 describes as 'LW.1 complainant of Vijayanagar colony, present Sarpanch, belongs to 2 Dr.SSRB, J Crl.P.No.4123 of 2015 originally by birth Madiga and later converted as a Christian as BC-C and she enrolled in her Caste Certificate as Christian Audi Andhra, BC- C, as per the Government records including the contest as Sarpanch in 2013 under BC-C reservation and elected as such'. LW.2 is her husband belongs to SC Madiga.
3. The sum and substance of the accusation in the police report in registration of the crime is that she is Sarpanch of Vijayanagar Colony of Chirala Mandal, on 05.10.2014, which is the a date of report at 1430 hours, in registration of the crime, that at about 11.00 a.m. at the Panchayath Office in relation to Janmabhoomi, when conducted Gram Sahba attended by people representative and ward members, there one Sarpanch of TDP party and TDP leaders and workers also attended and they were unwilling for their participation and the accused persons i.e., M.L.A. of Chierala viz., A.Krishna Mohan, Bathula Nagendramma, Krishna Mohan's brother Sreenivasulu @ Somulu with 100 or above gundas came to the TDP party office and abused her by A.1 and others in filthy and some of them caught hold of her tuft and dragged and Srinivas Rao kicked on her stomach, she is having pain therefrom and somebody on her shoulder fisted and by touching her caste as 'Madigadana neekinta pogara' she was abused and she was rescued by the persons there and she was taken on 108 ambulance and admitted in Chirala Hospital. Hence, to take action.
4. She did not mention what is the abuse touching the caste. What all she mentioned is Madigadana neekinta pogara', that is the so-called 3 Dr.SSRB, J Crl.P.No.4123 of 2015 abuse. In fact, she is already converted, she is not a SC but a Christian, from the investigation material that too she contested having been so converted as BC-C in the elections. Once such is the case, she cannot claim the benefits of the provisions of the SC/ST (POA) Amended Act and the position of law is very clear from the expression of this Court and catena of expressions of the Apex Court in Chinni Appa Rao and others vs. State of Andhra Pradesh and another1.
5. Having regard to the above, the taking of cognizance for the offence under Section 3 (1)(x) of the SC/ST Act by the learned Committal Magistrate in allotting P.R.C.No.6 of 2015 is quashed, but not for the other offences, if any, under IPC supra. The learned Magistrate, once the Special Act provisions quashed, got jurisdiction to close the P.R.C. Number and allot Calendar Case number from cognizance already taken, by virtue of this order, and proceed according to law. All defences of the accused persons for the IPC offences left open to urge before the learned Magistrate including if at all to file any application for discharge if no grounds to frame charge for the offences.
6. Accordingly, the criminal petition is allowed in part.
Miscellaneous petitions pending, if any, shall stand closed.
____________________________ Dr. B. SIVA SANKARA RAO, J 14th December 2018.
mar 1 2016 (1) ALD (Crl.) 545