KUNDHETI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Criminal Appeal No.668 of 2025 has been preferred under Sec. 14 A (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989[the SCs & STs (POA) Act] seeking to enlarge the Appellant/Accused No.9 on bail by challenging the order dtd. 29/4/2025 in Criminal M.P.No1575 of 2025 in Crime No.24 of 2025 of Podalakuru Police Station, on the file of the Court of learned Special Judge for Trial of Offences under SCs & STs (POA) Act -cum - V Additional District and Sessions Judge, Nellore[the learned Special Judge] whereby and whereunder the bail sought by the Appellant/Accused No.9 was dismissed.

(2.) Respondent No.2, by letter dtd. 7/12/2023, lodged report against the persons involved in illegal quarrying in an extent of Ac.31.71 cents in survey Nos.697, 699, 751/2, 759/1, 759/2, 924 & 925 of Tatiparthi Village, Podalakur Mandal, SPSR Nellore District. The case of prosecution, as detailed, has its genesis from a report given by the de-facto complainant, M. Balaji Nayak, District Mines and Geology officer, Nellore, vide Letter No.1872/M/2015 dtd. 14/2/2025. An FIR was registered as a case in crime No.24 of 2025 dtd. 16/2/2025 under Ss. 447, 427, 379 read with Sec. 34 of the Indian Penal Code, 1860 (for brevity "the I.P.C.,"), Sec. 3 of the Prevention of Damage to Public Property Act, 1984(for short "PDPP Act"), and Ss. 21(1) and 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short "MMDR Act"), against Accused Nos.1 to 3.It was mentioned that SomireddyChandramohan Reddy, former Minister, and the present MLA of Telugu Desam Party from Sarvepalli Legislative Constituency started conductinga Dharna at the said quarry on 16/12/2023 with a protestagainst illegal quarrying operation. Dharna went on till early hours of 19/12/2023. Following evacuation of the Dharna, a visit was made to the quarry site and found that no quarry operations had been carried out since 15/12/2023, based on a representation filed by Y.Vidhyakiranas per the directionsof the High Court of Andhra Pradesh.The quarry was non-operational subsequently.

(3.) The District Vigilance Squad (DVS) team and technical personnel of the office concerned kept a tab on the site. Later, it was found that some of the residents, purportedly supported by the then ruling party members, had started illegal quarrying activities forcibly.On a follow-up visit, and with inquiry from Village Revenue Officers (VROs) and residents, it was determined that illegal quarrying of Quartz and Feldspar minerals was done and being exported to China through Chennai Port.Notices were sent under Rule 26(1) and (ii) of the A.P. Minor Mineral Concession Rules, 1966 (for brevity "the Rules, 1966") to Vakati Siva Reddy and VakatiSrinivasulu Reddy.