D RAMCHANDRA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS criminal revision case is filed under Sections 397 and 401 cr. P. C. assailing the order dated 20th september, 2004 in Crl M. P. No. 468 of 2004 (SC ST SC No. 28 of 2004) on the file of the Special Judge for SCs and STs (POA) Act, Kurnool wherein the said petition filed by the Sub-Divisional Police Officer, dhone under Section 319 Cr. P. C. seeking to implead the petitioner herein as accused was allowed.

(2.) ON a complaint given by one harijana Teliki Chitti Paddaiah, the police registered a case in Crime No. 148 of 2003 for the offences under Sections 324, 506, 342 read with 34 IPC and Sections 3 (i), (x) (iii) (xv) of SCs and STs (POA) Act against the five accused. After investigation, the police filed the charge-sheet against them. During the course of trial, the prosecution filed Crl. M. P. No. 468 of 2004 under section 319 Cr. P. C. seeking to implead one d. Ramachandra Reddy as an accused and sought for issuance of summons against him on the ground that in the evidence of the complainant who was examined as p. W. I, P. W. 1 stated that the petitioner herein who is the brother of A. 1 and A. 3 and father of A. 5 beat him with hand on the neck and also abused him by caste. The learned Special Judge allowed the said application observing that on a careful reading of Section 161 Cr. P. C. statements of the witnesses, it shows that the petitioner abused P. W. 1 by touching his caste besides beating him on the neck and the same was reiterated by P. W. 1 in his evidence and therefore, there is incriminating material against the petitioner herein. Aggrieved by the said orders, the petitioner herein filed the present criminal revision case.

(3.) ARGUMENTS of the learned Counsel for the petitioner and the learned Additional public Prosecutor representing the 1st respondent-State and the learned Counsel for the 2nd respondent-de facto complainant are heard and records are perused.