LAWS(APH)-2021-11-24

PECHETI RANGA RAO Vs. STATE OF ANDHRA PRADESH

Decided On November 01, 2021
Pecheti Ranga Rao Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This Criminal Petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking quash of charge sheet in Spl.S.C.No.15 of 2021 on the file of the learned VIII Additional District and Sessions Judge cum Special Court for S.C and S.T Atrocities Cases, Eluru, West Godavari District.

(2.) Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the 1st respondent/ State. Notice issued to the 2nd respondent/de facto complainant returned with endorsement item returned refused. Therefore, it is evident that despite service of notice, the 2nd respondent did not turn up for hearing in this Criminal Petition.

(3.) The petitioners are A-1 to A-3 in Spl.S.C.No.15 of 2021 on the file of the learned VIII Additional District and Sessions Judge cum Special Court for S.C and S.T Atrocities Cases, Eluru, West Godavari District. The 2nd respondent, who is the de facto complainant, lodged a report with police stating that he belongs to Scheduled Caste and on 12/12/2018 that his marriage with the daughter of A-1 and A-2 was performed and it was an inter-caste marriage. The third accused is the son of A-1 and A-2 and A-1 to A-3 belong to BC-B caste. It is stated that the petitioners, who are A-1 to A-3, have harassed the de facto complainant from the inception of the marriage saying that the de facto complainant belongs to an inferior community. It is stated that on several occasions, the petitioners have insulted the de facto complainant in the name of his caste. According to the de facto complainant the incidents took place inside house. The said report lodged by the de facto complainant was initially registered as a case in Crime 246 of 2019 of Mummidivaram Police Station, East Godavari District, for the offence punishable under Sec. 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short SC and ST Act), which was subsequently transferred to Eluru II Town Police Station. Eventually after completion of investigation, the Investigating Officer has filed the charge sheet in the trial Court. The said case is now pending before the trial Court.