GANGADHARANANDAGIRI SWAMIJI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision case has been directed against the order dated 8-8-2000 passed by the learned I Additional Judicial Magistrate of First Class, Proddatur, in Crl. M. P. No. 1436 of 2000 in C. C. No. 386 of 1999.

(2.) The petitioner herein has been sought tobe added as an accused in the above case for the alleged offences punishable under Sections 341 and 323 of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Act' for brevity). Under the impugned under the C.C. has been converted into a Preliminary Registered Case (PRC), and the petitioner has been summoned to appear before the Court as an accused to face trial. The petitioner now seeks to assail the same in this revision case.

(3.) The Sub-Inspector of Police, Proddatur Urban, registered a case against two persons including the revision petitioner under Section 324 of the Indian Penal Code and under Section 3(1)(x) of the Act, on a complaint lodged by one M. Vijaya Kumar. Eventually, after the investigation, he laid the charge-sheet against one Sanivarapu Vijayabhaskar Reddy, the second respondent herein, only under Section 341 of the Indian Penal Code omitting the petitioner. During the course of the trial, P.W. 1 the de facto complainant had been examined and he deposed on oath that the revision petitioner abused him touching his caste, beat him and asked the other accused to tie him. The Assistant Public Prosecutor filed a memo immediately thereafter requesting the Court to add the charge under Section 3(1)(x) of the Act and to summon the revision petitioner as an accused in the case. A notice has been issued to the counsel of the petitioner. After having heard on either side, under the impugned order, the learned Magistrate ultimately directed the petitioner to be added as an accused and converted the C.C. into a PRC inasmuch as the offence punishable under Section 3(1)(x) of the Act is triable exclusively by the Special Court.