Y.SHARVANI Vs. KUDUDURAM REKHS

JUDGEMENT

(1.) This Criminal Revision Case is filed by the Petitioners/ A1 to A3 aggrieved by the order dtd. 5/1/2018 passed in Crl. M.P. No. 115 of 2017 in S.C. No. 91 of 2016 on the file of Special Sessions Judge for trial of cases under SC and STs (POA) Act cum VII Additional District and Sessions Judge, Rangareddy District at LB Nagar in dismissing the discharge petition filed by them for the offences under Sec. 420 of IPC and Sec. 3(1)(r) and Sec. 3(2)(vii) of SC and STs (POA) Act.

(2.) The case of the prosecution in brief was that the 1st respondent / complainant filed a report before Vanasthalipuram Police stating that she belonged to Schedule Caste (Madiga) community. A1 was the owner of the house bearing No.8/5, Bahar, Sahara Estate. The complainant entered into an agreement with A1 for purchasing the said house for a total sale consideration of Rs.45,85,000.00 and made an agreement. As per the agreement, the sale transaction had to be completed before 18/12/2015. After the said date, the complainant met the husband of A1 i.e., A2 and asked for some more time due to delay in process of bank loan and A2 extended the time by increasing the consideration to Rs.46,00,000.00 and again when they sought for some more time, he demanded to pay Rs.60,000.00 towards interest by increasing the total consideration amount to Rs.46,60,000.00. On 27/1/2006, the complainant's husband informed A2 that they were ready to pay the cheque amount of Rs.42,00,000.00 in the name of A1 and asked him to complete the registration process, but A2 informed that they sold the house to some others. As such the complainant's husband and her caste people went to Dornakal Police Station where A2 was working as Inspector of Police and requested him. A2 stated that after completion of Medaram jatara he would be looking into the registration process by his wife. On 17/2/2016 in the morning hours A1, A3 and two others went to the house of the complainant and abused the complainant by touching in the name of her caste and questioning her as to why the caste people of the complainant went to her husband's office. The complainant alleged that the same was at the instigation of A2 and requested to take action.

(3.) Basing on the said report, police registered a case vide Cr. No. 146 of 2016 under Sec. 420 IPC and Sec. 3(1)(s) of SC and ST (POA) Amendment Act, 2015. The Assistant Commissioner of Police who was appointed as the investigating officer conducted investigation of the case and filed charge-sheet against A1 to A3.