M.SHAIKSHAVALI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Sub Divisional Police Office, Adoni has laid the charge sheet under Sec. 506 r/w 34 IPC and under Ss. 3(1)(r)(s) and 3(2)(v)(a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) New Amendment Act, 2015 (for short the Act) to punish the petitioners-accused which was numbered as SC/ST S.C. No.100/2019 on the file of the Special Judge for Trial of the Cases under the SCs, STs (PoA) Act-cum-Additional Sessions Judge, Kurnool. The charge sheet contains following allegations against the petitioners herein.

(2.) That the 2nd respondent-Defacto Complainant owned a house at Kowdalpeta, Adoni Town in an extent of Ac.5.04 cents at Virupapuram Village. The 2nd respondent has obtained an amount of Rs.6,00,000.00 as loan from A1 to A3 who are the petitioners herein by mortgaging her upper portion house admeasuring 2 % cents. On 31/1/2019 at about 12 hours LW1 went to the house of the accused along with LWs 2 and 3 who are daughter-in-laws of LW1, and asked the accused to receive the loan amount and release the house from mortgage, but the accused all of a sudden behaved rudely towards LWs 1 to 3 and accused keep their eyes on the valuable land of LW1 to an extent of 2% cents in Survey No.218/A at Virupapuram Grampanchayat and also along with their innocence hatched a plan to grab the said valuable land along with the house which mortgaged by the LW1 and without the knowledge of the LW1 incorporated the land in mortgage agreement along with house, in order to scare LW1 to 3 , the accused 1 to 3 abused them by naming their caste "Madiga Lanjallara, Madiga Gadudullara,Mudallara" so saying pushed them up to the gate of the house and caught hold of their neck and threatened them with dire consequences that they would ready even to kill. Meanwhile, LWs 4 and 5 came there, intervened and extricated LWs 1 to 3 from the clutches of accused and the accused also warned LWs 4 and 5 not to interfere into their personal affairs. After due deliberations with the elders, LW1 lodged a report in Adoni II town Police Station on 17/2/2019 at 12.30 hours.

(3.) The said Charge sheet was taken on file by the learned Sessions Court and the same has been assailed in the present Criminal Petition vociferously contending that the ingredients of the Act has no application as (i) the incident was not occurred in the public view, (ii) there is a delay in lodging the FIR, and (iii) there is a civil dispute in between the petitioners and the victims; and in order to bring the said civil dispute into criminal with an ulterior motive by abusing the Act the complainant has lodged a report to the police and the police without proper investigation has laid charge sheet. Therefore, urged to quash proceedings in S.C./S.T. S.C.No.100/2019 on the file of the Special Sessions Court for Trial of the Cases under the S.Cs and S.Ts (PoA) Act-cum-Additional Sessions Judge, Kurnool.