BANDARU VENKATA SWAMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application to quash the proceedings in Sessions Case No. 12 of 1997 on the file of the Court of Special Sessions Judge, Guntur. The petitioners are the accused in the said Sessions Case.

(2.) The Sub-Inspector of Police, Edlapadu filed a charge sheet on 10-2-1997 against the petitioners herein under Sec. 3(x)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 33 of 1989 (for short 'the Act') before the Special Sessions Judge, Guntur. The learned Special Sessions Judge took the case on file under Sec. 3(x)(i) of the Act against the petitioners' 1 to 3 and 5. The learned Special Sessions Judge also took cognizance against A4 under Sec. 354 of I.P.C. and against A3 to A5 under Sec. 323 of I.P.C. The learned Special Sessions Judge issued Non-bailable warrants to produce the petitioners before the Court on 5-6-1997.

(3.) The petitioners challenge the very procedure adopted by the learned Special Sessions Judge in taking the case on file as a Sessions Case.