Peruri Veera Venkata Naga Prasad v. State Of Andhra Pradesh
2023-02-03
K.SREENIVASA REDDY
body2023
DigiLaw.ai
ORDER : The present Writ Petition has been filed seeking to declare the action 4th/8th respondent in filing alleged false charge sheet in crime No.33 of 2022 of G.R.Palli police station which was numbered as Special S.C.No.39 of 2022 on the file of the Special Sessions Court for trial of cases under the SCs and the STs (PoA) Act-cum-IV Additional District Judge, Kadapa and the action of respondents 1, 2 and 3 in not initiating criminal and disciplinary proceedings against 9th, 4th/8th respondents for falsely implicating the petitioner in the said crime and filing a false charge sheet, even after submitting written instructions by 4th respondent to this Court in Writ Petition No.10846 of 2022 saying that 10th respondent is not a scheduled caste woman but belongs to OC kapu woman, as illegal and arbitrary, and consequently quash the proceedings in the aforesaid Special S.C. No.39 of 2022 and direct respondents 1, 2, and 3 to initiate criminal and disciplinary proceedings simultaneously against 9th, 4th/8th respondents for falsely implicating the petitioner in the aforesaid crime and filing charge sheet, and award compensation from 9th, 4th and 8th respondents. 2. It is the case of the petitioner that he is a social activist and has been espousing causes of needy in all walks of life. He also filed number of cases both in District Judiciary and before this Court. On 06.03.2022 at about 5.30 PM, while coming home from Vempalli to Veerapunayunipalli at Thangedupalli road, petitioner saw an accident viz. one black colour car driven by 9th respondent dashed a biker, and since the biker was still alive, 9th respondent reversed the car and again intentionally hit him, as a result, the biker, who was identified as Vaddarapu Obulesu, died on the spot. He took photograph of number plate of the car AP39GR 0121, owned by 9th respondent, with dead body lying beside. Petitioner was intending to give a complaint, but 9th respondent managed to register a crime against similar car bearing No.AP39KX0112. When petitioner tried to inform family members of the deceased about the incident, 9th respondent called him and his mother to police station on 18.03.2022 and gave warning and threatened with dire consequences. When he sought for CC TV footage of police station on that day, the same was not furnished stating that the videos are not available as cameras got damaged due to short-circuit.
When he sought for CC TV footage of police station on that day, the same was not furnished stating that the videos are not available as cameras got damaged due to short-circuit. Keeping the aforesaid incidents in mind, the petitioner was falsely implicated in crime No.33 of 2022 of G.R.Palli police station for the offences punishable under Sections 3 (1) (r), 3 (1) (s) of the SCs and STs (PoA) Act, 1989 and 506 and 509 IPC, basing on a report lodged by 10th respondent. But, 10th respondent does not belong to either SC or ST community. She belongs to O.C. and she is wife of one M.Venkata Subba Reddy. After demise of her husband, she started taking widow pension and now she is posing herself as wife of late Lingala Gangadhar, who belongs to Madiga caste and comes under SC category. The petitioner filed Writ Petition No.10846 of 2022 seeking quash the proceedings in the aforesaid FIR and for other reliefs, and the matter was directed to be listed on 13.06.2022. Petitioner also submitted caste certificate of 10th respondent, obtained by him under the provisions of the RtI Act from 7th respondent-Tahsildar, to 4th respondent-investigating officer, which shows that 10th respondent belongs to OC (Kapu) community. Surprisingly, instead of filing final report, 4th respondent filed charge sheet, which was taken on file as Special S.C.No.39 of 2022. Aggrieved by the same, petitioner filed a complaint on 17.06.2022 on 9th respondent to 1st and 3rd respondents, but till today, no action has been taken on the said complaint. Hence, the present Writ Petition. 3. 4th respondent filed counter affidavit stating inter alia that pursuant to an incident occurred on 12.04.2022 at 4.30 PM in the barren fields belonging to one Ganganna situated at G.Mittapalli village of V.N.Palli mandal, which was reported on the same day at 7.15 PM, a case in crime No.33 of 2022 of G.R.Palli police station was registered against the petitioner, and 4th respondent was appointed as Investigating Officer in the said case. 4th respondent took up investigation, examined and recorded detailed statements of witnesses under videography, visited the scene of offence and prepared rough sketch and after obtaining caste certificates of victims (LWs1 and 2) and also the petitioner/accused from the Tahsildar, V.N.Palli mandal, the charge sheet has been filed in the said crime.
4th respondent took up investigation, examined and recorded detailed statements of witnesses under videography, visited the scene of offence and prepared rough sketch and after obtaining caste certificates of victims (LWs1 and 2) and also the petitioner/accused from the Tahsildar, V.N.Palli mandal, the charge sheet has been filed in the said crime. According to the caste certificates, 10th respondent belongs to OC (kapu) community and L.W.2-Lingala Gangadhar belongs SC (madiga) community, whereas the petitioner belongs to OC (kapu) community, and the petitioner, not being a member of SC/ST by caste, committed the offence of criminal intimidation and caste discrimination and abused in the name of caste in vulgar language against SC madiga caste person (L.W.2) apart from abusing and insulting modesty and intimidating 10th respondent. The charge sheet was taken on file as Special S.C.No.39 of 2022 by the learned Special Court and the case is pending trial. In the charge sheet, it has been clearly stated that 10th respondent belongs to OC (kapu) community. 4th respondent discharged his duty as investigating officer in accordance with law. The petitioner is involved in C.C. No.211 of 2013 on the file of the Judicial Magistrate of First Class, Kamalapuram (relating to crime No.122 of 2023 of G.R.Palli police station) for the offences punishable under Sections 354 and 324 IPC; crime No.309 of 2017 of Vempalli police station registered for the offences punishable under Sections 406, 409, 420, 465, 408 and 472 IPC and C.C.No.325 of 2018 on the file of the Judicial Magistrate of First Class, Pulivendula (relating to crime No.153 of 2018 of Vempalli police station, for the offences punishable under Sections 506 and 353 IPC. Hence, there are no justifiable grounds to grant any of the reliefs prayed in the present Writ Petition. 4. Heard the learned counsel for the petitioner, the learned Government Pleader for Home appearing for respondents 1 to 6; the learned Government Pleader for Revenue appearing for respondent No.7; Sri Peta Gnana Teja, learned counsel for respondents 8 and 9 and Sri Harinath Reddy Soma, learned counsel for respondent No.10. Perused the record. 5. Respondent No.10 and her husband Lingala Gangadhar are residents of S.C. Colony of G.Mittapalli village, V.N.Palli mandal and they are eking out their livelihood as agrarian labourers as well as grazing goats in leisure time.
Perused the record. 5. Respondent No.10 and her husband Lingala Gangadhar are residents of S.C. Colony of G.Mittapalli village, V.N.Palli mandal and they are eking out their livelihood as agrarian labourers as well as grazing goats in leisure time. It is the allegation that on the date of the incident at about 4.30 PM, when respondent No.10 and her husband L.W.2- Lingala Gangadhar went near the field of one Ganganna of G.Mittapalli village, situated adjacent to the fields of petitioner/accused, for grazing their goats, the petitioner/accused went there and alleged to have abused both of them by their caste name and insulted them. On the same day, a police report was given by defacto complainant and the same was registered as a case in crime No.33 of 2022 of G.R. Palli police station. 6. Grievance of the petitioner is that respondent No.10-defacto complainant belongs to Kapu caste and she does not come within the purview of Scheduled Caste or Scheduled Tribe community, and hence, the impugned proceedings are liable to be quashed. 7. 4th respondent-investigating officer filed a counter affidavit stating that during the course of investigation, it came to light that respondent No.10- defacto complainant belongs to Kapu caste and her husband L.W.2- Lingala Gangadhar belongs to Madiga caste (scheduled caste community). On a perusal of the averments in the charge sheet, the petitioner/ accused is alleged to have abused both respondent No.10- defacto complainant and her husband Lingala Gangadhar. On a plain reading of the charge sheet goes to show that the petitioner/accused allegedly abused both of them, touching the caste. Admittedly, L.W.2- Lingala Gangadhar, who is husband of respondent No.10-defacto complainant, is a member of scheduled caste community. In the villages, it is well known that majority of persons would be knowing other persons and their caste status. It is pertinent to mention here that in the police report itself, it is stated that defacto complainant and her husband are residents of S.C. Colony. When it is the specific accusation that husband of defacto complainant Lingala Gangadhar, who, admittedly, belongs to scheduled caste community, was abused in the name of caste, truth or otherwise of the said accusation has to be decided during the course of trial. This Court, in a petition under Section 482 CrPC, would not be in a position to conduct a roving enquiry to decide the same. 8.
This Court, in a petition under Section 482 CrPC, would not be in a position to conduct a roving enquiry to decide the same. 8. In view of the foregoing discussion, the Writ Petition is dismissed. No order as to costs of the Writ Petition. As a sequel, interlocutory applications pending, if any, in the Writ Petition shall stand closed.