Y.B. SHEKARAM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This petition is filed by the petitioners-A1 to A5 under Sec. 482 Cr.P.C. to quash the proceedings in S.C. No.15 of 2016 on the file of Additional District Judge for trial of cases under SC/ST (POA) Act, Khammam District.

(2.) The case of the petitioners in brief was that the 2nd respondent lodged a complaint on 23/1/2013 before the Khammam Rural Police Station alleging that he was a person belonging to SC Community and was doing contract works. He attended the metal road work at Pulipati Prasad Engineering College at Ammapalem and an amount of Rs.6.00 lakhs was due to him by the college authorities. He asked the Joint Secretary of the college several times about the payment of due amount, but the Joint Secretary was avoiding the payment of the said amount. Finally on 12/11/2012, he gave a cheque for Rs.6.00 lakhs pertaining to HDFC Bank. He deposited the cheque for collection and credit in his account, but there was no balance in the account and the cheque was returned by the bank authorities. In that issue he filed a cheque bounce case against the Joint Secretary and issued a lawyer notice to him. The Joint Secretary was requesting him that he would give the due amount and would take back the bounced cheque. On 23/1/2013 at about 8:00 PM, the Joint Secretary, Erram Balendu Sekhar and his wife Sujatha, son Ankit, relatives Kaja Chamundeshwar Rao and Kumar came to his house in a car and asked him to return the bounced cheque. When he expressed that after payment of due amount of Rs.6.00 lakhs only he would return the cheque, Sujatha tried to take the papers from his pocket. When he resisted her, Sekhar, Sujatha, Ankit, Kaja Chamundeshwar Rao and Kumar pushed him down, abused him in the name of his caste, kicked him with legs and bet him with hands indiscriminately. Meanwhile, Ankit took a cool drink bottle, broke it and came to stab him. When he resisted Ankit, he sustained injury to his left hand. On his hue and cry, the pedestrians proceeding on a motor cycle came, on seeing them, all of them fled away in their car. Basing on the said report, the police registered a case in Crime No.23 of 2013 for the offences under Ss. 143, 148, 324 read with 149 IPC and Sec. 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC and ST Act'). After completing the investigation, police filed charge sheet against A1 to A5. Cognizance was taken by the II Additional Judicial Magistrate of First Class, Khammam, registered as PRC No.58 of 2015 and made over the case to the Additional District Judge for trial of cases under SC/ST (POA) Act, Khammam District.

(3.) Heard the learned counsel for the petitioners, the learned counsel for the 2nd respondent and the learned Assistant Public Prosecutor for the 1st respondent.